Gender Equality Thesis Queen Ang

8/19/2019 Gender Equality Thesis Queen Ang

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1.1 Introduction and Method of Research

In our recent time, it seems that everything that men can do, women

can already do it as well. A job for a man can also be a job for a woman. In

the old times, it is only man who works for the family but now, it also

seems that both husband and wife are to provide for the family and work

for any legal profession even without the consent of the other. Actually, it is

much better if both spouses are working for their family. We can also realize

that before, only men can enter politics, but now, there are women who

occupied not only on the lower position in the government, but also on the

highest position such as Former President Corazon Aquino and Pampanga

representative Former President Gloria Macapagal-Arroyo. Currently, there

are news that again, a female candidate will run for presidency on the

upcoming election in 2016. Even in the judiciary, it also has its very first

female Chief Justice CJ Maria Lourdes Sereno. These mere examples go to

show that our world is often changing its rules particularly its customs.

The females or women who used to be slaves or who used to be just, simple

and ordinary plain housewife is already out to conquer the world. But

though this is the case, there are still a lot of issues for us to improve

particularly on how we see and treat women. There are still a lot of

discrimination and inequality these women are experiencing in many

aspects including their families and career.’



Both men and women are experiencing gender biases; however, most

of it are being experienced by the women. Man is perceived to be inherently

aggressive and violent, they do not feel pain or incapable of experiencing

deep human emotions. They are also inherently compulsive in their

sexuality and do not need closeness, reassurance, and attention. Men are

expected to be tough and not to show any signs of weaknesses. While the

women are exposed to economic marginalization, gender stereotyping,

multiple burden, subordination and violence.

Gender bias is an unequal treatment in employment opportunity

(such as promotion, pay, benefits and privileges), and expectations due to

attitudes based on the sex of an employee or group of employees. Gender

bias can be a legitimate basis for a lawsuit under anti-discrimination

statutes.1 It hampers development because it prevents people from

attaining their full potentials. It aggravates social inequity and inequality.

These gender issues are deterrents to development. Thus, it is important to

address them in development planning.

1.1 (a) Historical Background

The United Nations Charter of 1945 and the Universal Declaration of

Human Rights in 1948 was the first one to establish the first official

worldwide recognition of women's equality and non-discrimination on the

1 http://legal-dictionary.thefreedictionary.com/gender+bias



disparities in social, economic, and political balances between women and

men as a pre-condition for achieving people-centered development”.2 The

Gender and Development or GAD was a development perspective and

process that upholds the concept of participatory decision-making,

empowerment and equity in the distribution of resources and

opportunities, freedom from violence, respect for human rights and support

for self-determination and actualization of human potential; Thus,

promoting gender equality.

Gender equality is also backed up by provisions of law which is found

in the fundamental law of the land, the Constitution. The 1987

Constitution provides:

"The State recognizes the role of women in nation-building and shall

ensure the fundamental equality before the law of women and men.” (Article

II 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." (Article XIII-Labor:

Section 14)

Following the constitutional provisions, Executive Order 273 was

enacted in September 8, 1995; EO 273 approved and adopted the

2 http://www.aquaknow.net/en/book/export/html/15666



Philippine Plan for Gender-Responsive Development (PPGD) which is a 30-

year plan that aims to mainstream gender concerns into the government’s

mechanisms, systems, procedures and programs. Likewise, Republic Act

7192 “An Act Promoting The Integration Of Women As Full And Equal

Partners Of Men In Development And Nation Building And For Other

Purposes” was also passed directing all government department and

agencies to review and revise all regulations, circulars and procedures to

ensure removal of gender biases.

Furthermore, Republic act 9710 or the Magna Carta of Women was

also enacted to a law. The Magna Carta of Women is a comprehensive

women’s human rights law that seeks to eliminate discrimination against

women by recognizing, protecting, fulfilling and promoting the rights of

Filipino women, especially those in the marginalized sectors. It aims to fully

comply with international commitments under the Beijing Platform for

Action on Women and the UN Convention on the Elimination of all forms of

Discrimination against Women (CEDAW). This also served as an effective

tool to fully implement and mainstream gender concerns in the

government, thereby achieving a gender-responsive government

In addition to our local legislation, there are International mandates

created for the promotion of gender equality. UN Convention on the

Elimination of all forms of Discrimination against Women (CEDAW)



• To ensure elimination of all acts of discrimination against women by

persons, organizations or enterprises.

The Convention provides the basis for realizing equality between

women and men through ensuring women's equal access to, and equal

opportunities in, political and public life -- including the right to vote and to

stand for election -- as well as education, health and employment. States

parties agree to take all appropriate measures, including legislation and

temporary special measures, so that women can enjoy all their human

rights and fundamental freedoms.

The Convention is the only human rights treaty which affirms the

reproductive rights of women and targets culture and tradition as

influential forces shaping gender roles and family relations. It affirms

women's rights to acquire, change or retain their nationality and the

nationality of their children. States parties also agree to take appropriate

measures against all forms of traffic in women and exploitation of women.

Countries that have ratified or acceded to the Convention are legally

bound to put its provisions into practice. They are also committed to

submit national reports, at least every four years, on measures they have

taken to comply with their treaty obligations.



On the other hand, Beijing Platform for Action (PFA) of the 4th World

Conference on Women also mandated government actors to promote an

active and visible policy in mainstreaming gender perspective in all policies

and programs. Some of its goals of development are to promote the human

rights of women and girls, eradicate poverty among women, remove

obstacles to women’s participation in public life and decision-making,

eliminate all forms of discrimination against women and ensure equal

access for girl children and women to education and health. We are also

working towards the attainment of Millennium Development Goals which

mandates state signatories to Promote Gender Equality and Empower

women by 2015.

The Beijing Platform for Action is an agenda for women's

empowerment. It aims at accelerating the implementation of the Nairobi

Forward-looking Strategies for the Advancement of Women and at removing

all the obstacles to women's active participation in all spheres of public and

private life through a full and equal share in economic, social, cultural and

political decision-making. This means that the principle of shared power

and responsibility should be established between women and men at home,

in the workplace and in the wider national and international communities.

Equality between women and men is a matter of human rights and a

condition for social justice and is also a necessary and fundamental



prerequisite for equality, development and peace. A transformed

partnership based on equality between women and men is a condition for

people-centred sustainable development. A sustained and long-term

commitment is essential, so that women and men can work together for

themselves, for their children and for society to meet the challenges of the

twenty-first century.

It reaffirms the fundamental principle set forth in the Vienna

Declaration and Programme of Action, adopted by the World Conference on

Human Rights that the human rights of women and of the girl child are an

inalienable, integral and indivisible part of universal human rights. As an

agenda for action, the Platform seeks to promote and protect the full

enjoyment of all human rights and the fundamental freedoms of all women

throughout their life cycle.

The Platform for Action also emphasizes that women share common

concerns that can be addressed only by working together and in

partnership with men towards the common goal of gender* equality around

the world. It respects and values the full diversity of women's situations

and conditions and recognizes that some women face particular barriers to

their empowerment.

Furthermore, The Platform for Action requires immediate and



concerted action by all to create a peaceful, just and humane world based

on human rights and fundamental freedoms, including the principle of

equality for all people of all ages and from all walks of life, and to this end,

recognizes that broad- based and sustained economic growth in the context

of sustainable development is necessary to sustain social development and

social justice.

The success of the Platform for Action will require a strong

commitment on the part of Governments, international organizations and

institutions at all levels. It requires adequate mobilization of resources at

the national and international levels as well as new and additional

resources to the developing countries from all available funding

mechanisms, including multilateral, bilateral and private sources for the

advancement of women; financial resources to strengthen the capacity of

national, sub regional, regional and international institutions; a

commitment to equal rights, equal responsibilities and equal opportunities

and to the equal participation of women and men in all national, regional

and international bodies and policy- making processes; and the

establishment or strengthening of mechanisms at all levels for

accountability to the world's women.

1.2 Importance of the Study



There are a lot of gender problems, concerns, and issues that arise

from the inequality status of a man and a woman including the difference

in roles, characteristics and expectations attributed by society to the both.

These societal expectations and perceptions, which are reflected in and

perpetuated by laws, policies, procedures, systems, programs, projects and

activities of government, could hamper women's full development and their

participation in and equal enjoyment of the fruits of development. This also

creates gender gaps between men and women in terms of how they benefit

from education, employment, services, and so on.

It is important for this study to know the policies and laws that pave

way in the gender gaps. Also, for the people especially the women, to be

enlighten about the laws and policies that establishes their rights to gain

greater control over the circumstances of their lives.

1.3 Statement of the Problem

• Are the present laws and principles enacted and campaigns launched

pertaining to the gender equality enough to remove the disparity between

the treatment of society to men and women?

1.4 Scope and Limitation of the Study

The scope of this study will emphasize on citing the laws and

principles enacted regarding the gender equality and its effects to the



society particularly between the man and the woman. This will also discuss

about the roles of men and women in the society and their differences. This

includes the gender discrimination or the gender biases.

1.5 Definition of Terms

a. “Bias” – refers to prejudice of or against one thing, person or group

compared with another, usually in a way considered to be unfair or cause to

feel or show inclination or prejudice for or against someone or something;

b. “Gender” – refers to the range of characteristics pertaining to, and

differentiating between, masculinity and feminity;

c. “Gender Equality” – refers to the view men and women should receive

equal treatment, and should not be discriminated against based on gender.

Also known as sex equality, gender egalitarianism, sexual equality or

equality of the genders.

d. “Gender Inequality” – refers to unequal treatment or perceptions of

individuals based on their gender. It arises from differences in socially

constructed gender roles as well as biologically through chromosomes,

brain structure, and hormonal differences;

e. “Inequity” – refers to lack of fairness or justice;

f. “Sexism or Gender Discrimination” – refers to prejudice or discrimination

based on a person’s sex or gender. Sexism can affect any gender, but it is



particularly documented as affecting women and girls.



Chapter II. Contemporary Studies and Literature Related to the

Present Study

This chapter includes the other works of other researchers and what

are the ideas they have come up with their works. An overview to the

research paper of Anne Mikkola and Carrie A. Miles (April 2007), they cited,

“Our definition for gender inequality arises from reading of various social

sciences literature, including economics: it manifests as hierarchical

genders relations, with men above women, and women being regarded as

inferior and less valuable solely by virtue of their sex. Although the

literature predominantly focuses on women we recognize that men in less

developed countries also suffer from behaviors and policies that foster

hierarchical gender relations. Gender hierarchy is manifested in family

relationships, inheritance laws and customs; valuations of women’s work

and its general invisibility; and the power to make decisions in society, the

family, work place, religious and other cultural institutions. It is apparent

in the relative opportunities available to women and girls for development,

education, health and nutrition and in the pattern of violence between the

sexes. Such hierarchy is generally accepted by both genders, and it is not

normally questioned within its cultural context.

Gender equality, in contrast, is expressed in attitudes, beliefs,



behaviors and policies that reflect an equal valuing and provision of

opportunities for both genders. Further definitions of gender inequality can

be found in United Nations declarations of human rights beginning in 1948.

In 1979, the Convention on the Elimination of All Forms of Discrimination

against Women (CEDAW) was adopted by the United Nations General

Assembly. As of June 2003 174 countries – 90% of the UN members – are

party to the convention. The convention defines discrimination as "any

distinction, exclusion or restriction made on the basis of sex....in the

political, economic, social, cultural, civil or any other field.” Lack of

discrimination in this sense could be seen as equal status between genders.

As opposed to inter-gender power hierarchy or a separatism where everyone

is self-interested and autonomous, in gender equality all individuals hold a

similar level of power and treat other people with respect and consideration,

regardless of their sex (Nelson and England, 2002). Our framework for

understanding gender relationships therefore sees them as falling along a

spectrum, with gender power hierarchy and restrictions at one end and

equal opportunities and equal value for both sexes at the other.”3

Although men and women are dissimilar physically, but it is the

economic, political, social and legal interpretation of such differences that

ultimately lead to create inequality among them. In social inequality, men

and women typically have different responsibilities and roles in their daily

3 http://ethesis.helsinki.fi/julkaisut/eri/hecer/disc/159/developm.pdf



lives as well as work. It is anticipated that men seem to do much riskier

and heavier work that is generally located away from their home. Work done

by men seems to have much higher status as compared with women who

have the major responsibility for child-care, elderly-care, preparing and

managing food for their families.

Gender equality signifies a society in which men and women enjoy the

similar opportunities, outcomes, obligations and rights in every sphere of

life. Equality between women and men exist only when both sexes are

capable of sharing mutually in the distribution of influence and power;

have equal opportunities for monetary freedom through formation of

businesses or work; enjoy equal and easy access to education and the

prospects to develop own personal goals.



Chapter III. Discussion

Gender Equality is a principle asserting theequality of men and

women and their right to enjoy equal conditions realizing their full human

potentials to contribute to and benefit from the results of development, and

with the State recognizing that all human beings are free and equal in

dignity and rights. This means that women should have the same rights

and opportunities in life as men, including the ability to participate in the

public sphere. Women are entitled to live in dignity and in freedom from

want and from fear. There should be a levelling of the playing field for

women by ensuring that they have equal opportunity to develop their

talents.

If we will assess why these gender equality campaigns always focus

more on women than men it is because they are in the invisible and

marginalized sector such as bearing and raising children, domestic and

unpaid economic labor and subsistence agriculture. More often than not



they experience a lot of hardships including multiple roles, violence and

sexual harassment, lack of protection, exploitation, poor skills and

discrimination. Furthermore, resources and opportunities for attaining a

full and satisfying life are not always the same for women and men.

These gender biases are brought about by our culture and society

that we grew up with. This is determined by our cultural beliefs,

perceptions, practices, values, roles, attitudes and structural

arrangements. Our culture influences us what are the roles man and

woman should play in our society.

The work given to a man differs to work load given to a woman in

consideration of their physical capabilities. Most often, our gender roles is

dictated by our sex. Sex is determined by biological characteristics of men

and women which is a natural trait and cannot be changed. While gender,

is a social characteristics imparted to us by social institutions. Gender is

dictated to us culturally and socially that determines our roles and

behaviour in the society. The assignment of roles created a divide between

men and women which limits certain roles, traits and characteristics given

to women or to men.

Let’s take for example the roles and responsibilities given to men and

women inside the house. The men are perceived as strong, firm and more

capable of doing work outside the house thus they are observed to be the



provider and the decision-maker. While the women, are conceived as soft

and submissive they are believed to be the caregiver or the one in charge of

the household chores and one who should look after their children. These

perceptions should be changed since the role of the husband and wife in

the management of the household should be fair and equal. This is even

reflected in the Family code of the Philippines:

“The spouses are jointly responsible for the support of the family.”

(Title III, Art. 70.)

“The management of the household shall be the right and the duty of

both spouses.” (Title III, Art. 71.)

These discriminations or biases are also prevailing in the work place.

Many people would consider that occupations such as engineers, miners

and architects are only appropriate for men. Even though there are

engineers, miners and architects who are women while men can also be a

full-time caregivers for infants or kindergarten teachers, although these are

generally considered more appropriate for women.

The gender roles considered appropriate for women and men differ

among societies. For example, in some societies, all trading is considered to

be a man’s role, but in Cambodia and in many North African countries

trading, especially small scale, is considered to be a woman’s role. Gender

roles can also change over time in response to economic and social change.



In almost all societies, women’s primary gender roles are those of mother

and wife/housewife. These are the roles by which womanhood is defined

and individual women are typically judged (and often evaluate themselves)

by how successfully they perform these roles. Thus, they incur a double

burden of domestic and market work. Men’s primary gender role: is that of

the main economic provider or breadwinner in the household. Men are

usually judged (and judge themselves) by their success in this role, which is

why in the current Asian crisis unemployment is such a devastating

experience for many men.

Gender equality is essential for the achievement of human rights for

all. Yet discriminatory laws against women persist in every corner of the

globe and new discriminatory laws are enacted. In all legal traditions many

laws continue to institutionalize second class status for women and girls

with regard to nationality and citizenship, health, education, marital rights,

employment rights, parental rights, inheritance and property rights. These

forms of discrimination against women are incompatible with women’s

empowerment.

Women form the majority of the world’s poorest people and the

number of women living in rural poverty has increased by 50% since 1975.

Women work two-thirds of the world’s working hours and produce half of

the world’s food, yet they earn only 10% of the world’s income and own less



than 1% of the world’s property1. Violence against women throughout the

world and in all cultures prevails on an unimaginable scale, and women’s

access to justice is often paired with discriminatory obstacles – in law as

well as in practice.Multiple forms of discrimination based on gender and

other factors such as race, ethnicity, caste, disability, persons affected by

HIV/AIDS, sexual orientation or gender identity further compounds the

risk of economic hardship, exclusion and violence against women.

In some countries women, unlike men, cannot dress as they like,

drive, work at night, inherit property or give evidence in Court. The vast

majority of expressly discriminatory laws in force relate to family life,

including limiting a woman’s right to marry (or the right not to marry in

cases of early forced marriages), divorce and remarry, thus allowing for sex

discriminatory marital practices such as wife obedience and polygamy.

Laws explicitly mandating “wife obedience” still govern marital relations in

many States.

International human rights law prohibits discrimination on the basis

of sex and includes guarantees for men and women to enjoy their civil,

cultural, economic, political and social rights equally. While the human

rights machinery reaffirm the principles of non-discrimination and

equality, Article 15 (1) of theConvention on the Elimination of All Forms of

Discrimination against Women explicitly provides that States who have

http://www2.ohchr.org/english/bodies/cescr/docs/gc/E.C.12.GC.20.doc

http://www2.ohchr.org/english/law/cedaw.htm




http://www2.ohchr.org/english/bodies/cescr/docs/gc/E.C.12.GC.20.doc



ratified the Convention shall accord to women equality with men and article

2 commits States who have ratified the Convention “to take all appropriate

measures, including legislation, to modify or abolish existing laws,

regulations, customs and practices which constitute discrimination against

women.”

Thirty years since the Convention’s entry into force, the recognition

and enjoyment of equal rights with men still remains elusive for large

sections of women around the world. CEDAW has been ratified by 186

States yet has the record number of reservations to core articles such as

articles 2 and 6 which impact upon young girls and women’s personal and

family life.

Despite CEDAW requiring State who have ratified the Convention to

eliminate discrimination against women “by all appropriate means and

without delay”, too many States still pervasively retain their discriminatory

laws which indicates that the pace of reform is too slow for

women. Consequently, at the 12th session of the Human Rights Council, a

resolution titled “Elimination of discrimination against women” was adopted

requesting the Office of the High Commissioner for Human Rights to

prepare a thematic study on discrimination against women in law and

practice on how the issue is addressed through the UN, in consultation

with all relevant stakeholders, in particular, the Commission on the Status



of Women. The thematic study will be addressed at the 15th session and a

half day discussion will be held to consider taking further action at that

session.

Gender Discrimination can be seen at all ages and stages of

development for women not just in the Philippines but in different parts of

the world

Fetus & Infancy

UNICEF notes that “Where there is a clear economic or cultural

preference for sons, the misuse of [pregnancy diagnostic tools] can facilitate

female feticide.” This means that in parts of the world, like China, parents

will abort their child or put the child up for adoption on the basis that it’s a

girl.

Childhood

A principal focus of the middle years of childhood and adolescence is

ensuring access to, and completion of, quality primary and secondary

education. With a few exceptions, it is mostly girls who suffer from

educational disadvantage.

Adolescence

Among the greatest threats to adolescent development are abuse,

exploitation and violence, and the lack of vital knowledge about sexual and



reproductive health, including HIV/AIDS. Specific areas that UNICEF

highlighted were female genital mutilation/cutting; child marriage and

premature parenthood; sexual abuse, exploitation and trafficking; sexual

and reproductive health; and HIV/AIDS.

Adult

A recent report from the Department of U.S. Labor showed that

women today are paid only 72 cents for every dollar a man earns. “Even

more troubling -- the study found that at least one-third -- or about 11

cents -- of the pay gap is caused by pay discrimination against women --

and this is 38 years after the Equal Pay Act became law." said Senator Tom

Harkin.

Motherhood and old age

These are two key periods in many women’s lives when the

detrimental effects of both poverty and inequality can combine – during

childbirth and in old age. Shockingly, it is estimated that each year more

than half a million women—roughly one woman every minute—die as a

result of pregnancy complications and childbirth, 99% of which occur in

developing countries. Yet many of these women’s lives could be saved if they

had access to basic health care services. In addition, elderly women may

face double discrimination on the basis of both gender and age. Many older

women are plunged into poverty at a time of life when they are very



vulnerable.

Wage Discrimination

According to Inter Press Service, "On a global scale, women cultivate

more than half of all the food that is grown. In sub-Saharan Africa and the

Caribbean, they produce up to 80 percent of basic foodstuffs. In Asia, they

account for around 50 percent of food production. In Latin America, they

are mainly engaged in subsistence farming, horticulture, poultry and

raising small livestock." Yet women often get little recognition for that. In

fact, many go unpaid. It is very difficult for these women to get the financial

resources required to buy equipment etc, as many societies still do not

accept, or realize, that there is a change in the "traditional" roles.

Reasons for such disparity include the fact that women are generally

underpaid and because they often perform low-status jobs, compared to

men. UNICEF notes that the data isn’t always perfect, and that

generalizations can hide wider fluctuations. In Brazil, for example, women

under the age of 25 earn a higher average hourly wage than their male

counterparts. However, in developing nations and in most industrialized

nations, men are usually paid more than their female counterparts in the

same field. Millions of women throughout the world live in conditions in

which they are deprived of their basic human rights for no other reason

than their gender.



Abuses against women are relentless, systematic, and widely

tolerated, if not explicitly condoned. Violence and discrimination against

women are global social epidemics. We live in a world in which women do

not have basic control over what happens to their bodies. Millions of women

and girls are forced to marry and have sex with men they do not desire.

Husbands and other male family members obstruct or dictate women's

access to reproductive health care. Doctors and government officials

disproportionately target women from disadvantaged or marginalized

communities for coercive family planning policies.

The realization of women's rights is a global struggle based on

universal human rights and the rule of law. It requires all of us to unite in

solidarity to end traditions, practices, and laws that harm women. It is a

fight for freedom to be fully and completely human and equal without

apology or permission. Ultimately, the struggle for women's human rights

must be about making women's lives matter everywhere all the time. In

practice, this means taking action to stop discrimination and violence

against women.4

Would you believe that a part of all the discrimination and gender

biases mentioned above there is still one more case that we, Filipinos, are

trying to ignore but is already proliferating in different parts of the country

as well as abroad? It is the “Mail-order-bride” industry. The tag “mail-order

4 http://bringtoanend.blogspot.com/2011/01/background-on-discrimination-against.html



bride” has often been associated with derision, stigma and illegality such

that the bride herself would not dare claim such status, if only to avoid the

unwarranted connotations and stereotypes that come with the label,

regardless of the reasons why she entered into such a context.

In a country where it is a reality that mail-order brides continue to

proliferate, the question arises as to how the Philippines have protected the

women who become part of the “mail order bride industry”. Where the mail

order bride industry is illegal in the Philippines and legal in receiving

countries like the United States of America, Japan and South Korea, to

name a few, the appropriateness of the response of the Philippines to the

issue of Filipino mail-order brides comes into picture.

The whole concept of mail order brides has its risks undoubtedly

given the unique circumstances surrounding it, compared with any other

kind of man-woman relationship. Here the woman is not in need of love

but in need of money, large amount of money that they are ready to risk

their selves into this kind of situation.

A story often told of Filipino mail order brides concerns their

exploitation at the hands of criminal syndicates and often relates to acts of

trafficking. Analyn, 20 years old at the time she was recruited to work in

South Korea, was one of those mail-order brides. Just like in the United

States of America and Japan, the mail order bride industry in South Korea



is legal. She was recruited to work in South Korea, and to be able to enter

the country, she was forced to marry a Korean twice her age. She was only

able to report her case with the Commission of Filipinos Overseas (CFO)

when she tried to secure from the latter a clearance certificate, a legal

requirement for all those seeking work abroad. The CFO is now helping

Analyn in her case against the traffickers. However, in view of the difficulty

of proving the exploitation element regarding her trafficking, the judge

wanted to try the case under RA 6955 or the 1990 Anti-Mail Order Bride

Law, rather than under the RA 9208, otherwise known as the 2003 Anti-

Trafficking in Persons Act.

Analyn’s case can be clearly seen as one of trafficking and the mode

of facilitating the crime is through a marriage ceremony. The difficulty

however of prosecuting such a crime constrains the courts to rely on the

tamer prohibitive law against mail order marriages. A clear understanding

of the pertinent laws affecting Analyn’s case is in order to appreciate the

implications of said laws on the lives of diasporic Filipina women who

enters into transnational or interracial marriages.

The former prevailing law in the Philippines affecting the mail order

bride industry frames the protective mechanisms for Filipino women on the

principle of protecting women’s dignity while pursuing economic upliftment

towards achieving decent standard of living. Such law perceived that the



marriage of a Filipino woman with a foreigner husband is a means by which

the woman can secure for herself and her family material improvement

given the rampant poverty in the Philippines. Such means however is also

presumed to be disastrous to the well-being of the woman. Towards

protecting the woman, Republic Act 6955 makes the following practices

unlawful:

For a person, natural or juridical, association, club or any other

entity to commit, directly or indirectly, any of the following acts:

To establish or carry on a business which has for its purpose the

matching of Filipino women for marriage to foreign nationals either on a

mail order basis or personal introduction;

To advertise, publish, print or distribute or cause the advertisement,

publication, printing or distribution of any brochure, flier or any

propaganda material calculated to promote the prohibited acts in the

preceding sub-paragraph;

To solicit, enlist or in any manner attract or introduce any Filipino

woman to become a member in any club or association whose objective is to

match women for marriage to foreign nationals either on a mail order basis

or through personal introduction for a fee;

To use the postal service to promote the prohibited acts in



subparagraph 1 hereof.

For the manager or officer in charge or advertising manager of any

newspaper, magazine, television or radio station, or other media, or of an

advertising agency, printing company or other similar entities to knowingly

allow, or consent to the acts prohibited in the preceding paragraph

The law was enacted as a reaction to the growing number of Filipino

women leaving the country as mail order brides. As then Representative

Lorna Verano Yap, main sponsor of the bill at the Lower House, argued that

“Operated by unscrupulous and heartless individuals, the practice has not

only cast shame on our women in the international community, but have

also exposed thousands of impoverished Filipinas into further misery in the

hands of their foreign spouses…They are treated like cattle. When you

really come down to it, it’s like prostitution.”

The Senate counterpart, on the other hand, supported the bill, and

elaborated that: “By making Filipina brides a marketable commodity and

flaunting them as such like cattle in tawdry and revolting advertisements

this business has gravely insulted all that we, as a nation, hold sacred.”

Republic Act 6995 does not prohibit the inter-marriage between

foreign nationals and Filipino women. The ban does not criminalize the act

of a woman who enters into such an arrangement through the mail order

bride business, but targets those who profit out of the act of match-



making recognizing such actions as facilitators of the trafficking of Filipino

women.

In 2003, the industry of mail order brides has been understood as an

act of trafficking in persons under RA 9208 or the Anti-Trafficking in

Persons Act, when exploitation is proven. Section 4 of said law makes

unlawful for any person, natural or juridical, committing the following acts:

To introduce or match for money, profit, or material, economic or

other consideration, any person or, as provided for under Republic Act No.

6955, any Filipino woman to a foreign national, for marriage for the

purpose of acquiring, buying, offering, selling or trading him/her to engage

in prostitution, pornography, sexual exploitation, forced labour, slavery,

involuntary servitude or debt bondage;

To offer or contract marriage, real or simulated, for the purpose of

acquiring, buying, offering, selling, or trading them to engage in

prostitution, pornography, sexual exploitation, forced labour or slavery,

involuntary servitude or debt bondage;

To undertake or organize tours and travel plans consisting of tourism

packages or activities for the purpose of utilizing and offering persons for

prostitution, pornography or sexual exploitation;

RA 9208 defines trafficking in persons as referring “to the

recruitment, transportation, transfer or harbouring, or receipt of persons



with or without the victim’s consent or knowledge, within or across national

borders by means of threat or use of force, or other forms of coercion,

abduction, fraud, deception, abuse of power or of position, taking

advantage of the vulnerability of the person, or, the giving or receiving of

payments or benefits to achieve the consent of a person having control over

another person for the purpose of exploitation which includes at a

minimum, the exploitation or the prostitution of others or other forms of

sexual exploitation, forced labour or services, slavery, servitude or the

removal or sale of organs”

With all the data and experiences of those who have contacts with

migrant partners, it would not be difficult to identify a Filipino mail-order

bride. So the question arises as to why there is not a single case brought

against the perpetrators? The case of Analyn would be a good test case

both under RA 6955 and 9208, if the same will be sustained. However,

Analyn is confronted with a lot of challenges that the Philippine state would

not be in a position to supplement or support. Institutionally, the

Philippine set-up is not wanting in terms of appropriate mechanisms to run

after the perpetrators.5

Furthermore, here are some of the laws and policies that pave way in

gender gaps:

The Family Code of the Philippines:

5 http://plj.upd.edu.ph/anti-mail-order-bride-legislation-and-feminist-legal-theory-an-inquiry-towards-a-rescript-of-the-diasporic-filipino-bride-

phenomenon-in-the-philippines/



Section 4. Ownership, Administration, Enjoyment and Disposition of

Community Property

Art. 96. The Administration and enjoyment of the community

property shall belong to both spouses jointly. In case of disagreement, the

husband’s decision shall prevail, subject to recourse to the court by the

wife for a proper remedy…

Title IX – Parental Authority

Art. 211. The father and the mother shall jointly exercise parental

authority over the persons of their common children. In case of

disagreement, the father’s decision shall prevail, unless there is a judicial

order to the contrary.

Chapter 4. Effect of Parental Authority Upon the Property of the Children

Art. 225. The father and the mother shall jointly exercise legal

guardianship over the property of their unemancipated common child

without the necessity of a court appointment. In case of disagreement, the

father’s decision shall prevail, unless there is a judicial order to the

contrary.

The Revised Penal Code:

Adultery (Art. 333) vs. Concubinage (Art. 334)

Art. 333. Who are guilty of adultery. — Adultery is committed by any

married woman who shall have sexual intercourse with a man not her



husband and by the man who has carnal knowledge of her knowing her to

be married, even if the marriage be subsequently declared void. Adultery

shall be punished by prision correccional in its medium and maximum

periods.

Art. 334. Concubinage. — Any husband who shall keep a mistress in

the conjugal dwelling, or shall have sexual intercourse, under scandalous

circumstances, with a woman who is not his wife, or shall cohabit with her

in any other place, shall be punished by prision correccional in its

minimum and medium periods. The concubine shall suffer the penalty of

destierro.

Art. 202. Vagrants & Prostitutes

For purposes of this article, women, who for money or profit, habitually

indulge in sexual intercourse or lascivious conduct, are deemed to be

prostitutes. (Amended by RA 101518 Vagrancy is no longer a crime BUT

Definition of prostitutes remain the same…)

Total Extinction of Criminal Liability

Art. 89. How criminal liability is totally extinguished. – Criminal

liability is totally extinguished:

Par. 7. By the marriage of the offended woman, as provided in Article

334 of this Code.

(Art. 334, last par.: In cases of Seduction, Abduction, Rape and Acts of



Lasciviousness (SARA), the marriage of the offender with the offended party

shall extinguish the criminal action or remit the penalty already imposed.)

The provisions in the family code sets the standards that the husband are

still in the higher position in the decision-making at home when in fact that

should be a joint administration hence the opinions and the decision of the

spouses should be equal. This is also not beneficial for the wife because in

order for them to assail the decision of their partner they have to undergo a

tedious process in acquiring judicial recourse. In effect of this provision,

the wife tends to be quiet and no longer push through with her interest just

so they don’t have to go through all these things.

On the other hand, Revised Penal Code undermines the welfare of the

women because the penalty imposes in other provisions are unequal and

impractical. In adultery, a single sexual intercourse may already constitute

the crime while concubinage has to be proven under a scandalous

circumstance or keeping the mistress in their conjugal dwelling place or

cohabiting with her in any other place before it will be constituted as a

crime. The penalties imposed for adultery and concubinage is also

different. For adultery the penalty imposed is prision correccional in its

medium to maximum period while in concubinage it is also prision

correccional but in its minimum to medium period only. The implications of

adultery and concubinage are just the same. That is both infidelity to their



partners and both would also be detrimental to the relationship of the

family and welfare of the children.

Under Art. 202, women who for money or profit, habitually indulge in

sexual intercourse or lascivious conduct were also deemed as prostitute

and may be penalized while there is no same provision for men whom will

also know commits the same acts. Therefore, If both men and women have

committed the same acts then both should be penalized and not only

women to be singled out.

In Art. 89, as long as the criminal marries the rape victim then he is

already vindicated for the crime he has committed. This shouldn’t be the

case because rapist could see this as a scapegoat for them not to face their

sentence. Even they will marry the victim and try to rectify the crime they

have done they should still be held liable because that is still an offense

against the honour and dignity of women.

Aside from these laws which are biased and prejudicial to the welfare

and rights of women, they are also experiencing violence against women.

They are prone to sexual harassment and different forms of abuses. These

sexual harassments are prevalent not only at home but also to their

respective workplace. Women are being taken for granted because they are

perceived to be physically weak than men.

According to RA 7877 Sexual Harassment Law, Sexual Harassment



constitutes demanding, requesting or otherwise requiring any sexual favor

from the other regardless of whether the demand, request or requirement

for submission is accepted. The person who DRR the sexual favor has

authority, influence or moral ascendancy over the offended party. Persons

to be convicted with Sexual Harassment will be imposed with a penalty of

Imprisonment of not less than 1 month or more than 6 months, or a fine of

not less than 10,000.00 nor more than 20,000.00, or both at the discretion

of the court. Actions arising from the violations of the provision shall

prescribe in 3 years.

Most often than not, women who experience sexual harassment don’t

have the courage to voice out their experiences because they are afraid of

what people say and the shame that it will bring to their family and to her.

This usually happens in the workplace where the one making the abuse is

the superior and the one who was being abuse is his subordinate. Because

she is afraid to get fired and lost her job some women just keep it to their

selves and this impacts their emotional, mental and social behaviour.

In this regard, we have to be more vigilant with these abuses and

empower women so that they will not hesitate to speak up whenever they

feel that they are being harassed. They should feel that there are people

that they can trust and depend onto in this kind of situation. They should

be assured that whatever happens there are laws to protect them and



defend them for their rights. Unfortunately, not only working women are

prone to abuse there are also housewives and children who are being

exposed to these dangers.

Republic Act 9262 Anti-Violence Against Women and Their Children

Act was enacted to protect every women and children from any violence and

abuses. This penalizes as a crime commission of acts of violence against

women and their children perpetrated against them by their partners,

whether married or not. These abuses are categorized in four (4) forms.

They are Physical, Sexual, Psychological, and Economic.

The specific acts which constitute violence against women are:

a) Causing physical harm to the woman or her child;

b) Threatening to cause the woman or her child physical harm;

c) Attempting to cause the woman or her child physical harm;

d) Placing the woman or her child in fear of imminent physical harm;

e) Attempting to compel or compelling the woman or her child to engage in

conduct which the woman or her child has the right to desist from or desist

from conduct which the woman or her child has the right to engage in, or

attempting to restrict or restricting the woman's or her child's freedom of

movement or conduct by force or threat of force, physical or other harm or

threat of physical or other harm, or intimidation directed against the

woman or child.



Threatening to deprive or actually depriving the woman or her child

of custody to her/his family;

Depriving or threatening to deprive the woman or her children of

financial support legally due her or her family, or deliberately providing the

woman's children insufficient financial support;

Depriving or threatening to deprive the woman or her child of a legal

right;

Preventing the woman in engaging in any legitimate profession,

occupation, business or activity or controlling the victim's own money or

properties, or solely controlling the conjugal or common money, or

properties;

Inflicting or threatening to inflict physical harm on oneself for the

purpose of controlling her actions or decisions;

Causing or attempting to cause the woman or her child to engage in

any sexual activity which does not constitute rape, by force or threat of

force, physical harm, or through intimidation directed against the woman

or her child or her/his immediate family;

Engaging in purposeful, knowing, or reckless conduct, personally or

through another that alarms or causes substantial emotional or

psychological distress to the woman or her child. This shall include, but not

be limited to, the following acts:



Stalking or following the woman or her child in public or private

places;

Peering in the window or lingering outside the residence of the

woman or her child;

Entering or remaining in the dwelling or on the property of the

woman or her child against her/his will;

Destroying the property and personal belongings or inflicting harm to

animals or pets of the woman or her child; and

Engaging in any form of harassment or violence;

i) Causing mental or emotional anguish, public ridicule or

humiliation to the woman or her child, including, but not

limited to, repeated verbal and emotional abuse, and denial

of financial support or custody of minor children of access

to the woman's child/children.



Chapter IV.

Conclusion

Despite the laws enacted and campaigns launched pertaining to the

gender equality and women empowerment, still there is a huge disparity

between the treatment of society to men and women. Women are still

perceived to be inferior to men that they are being taken for granted and

their rights and welfare not being given much attention.

For the past two years, the World Economic Forum has named the

Philippines the most gender equal nation in Asia as well as one of only two

developing economies to make its top ten equality list. Its findings are in

part based on statistics that show Filipino women hold the majority of jobs

in the legislative, top official and managerial occupational category. Though

there are many activist and experts that says that statistics don’t tell the

full story.

The Philippines government's recent statistics paint a bleaker picture.



They say one in ten Filipino women have had a forced sexual encounter and

37 percent of women who were once married have experienced domestic

violence. Furthermore, a 2013 US State Department report criticized the

Philippines for not doing enough to stop the human trafficking of women.

And some local NGOs say that poor women in rural parts of the country

have no choice but to take informal jobs without any legal protection.

These women especially in the rural areas don’t have maternity leave

and doesn’t have the ability to do collective bargaining. And it’s not because

we already had 2 female presidents and a couple of female politicians it

already equates to gender equality because if you will look at the bigger

picture you will see that these women came from the privilege class. Hence,

they cannot relate to the needs of poor women from countryside

communities known as barangays.

We have the sharpest contradictions in gender equality today. Despite

the fact we are gaining significant number of women in the political arena,

academe and business, there are still a lot of women are undermined. In

general, the society still places many gender problems as trivial and

marginal. The legal framework for women seems impressive but the

challenges of implementation and cultural shift remains. The interplay of

culture and institutions like the government bureaucracy, political offices,

and the church makes the discourse on gender issues very animated and



usually polarized.

In the last population count by the National Statistical Coordination

Board (NSCB), the population of men to women is 46.5 million to 45.6

million. It doesn’t differ much but if we will look at other statistics

conducted by NSCB it shows that in the Labour force Participation rate it is

78.3% for men while it is only 49.7% in women. This means that half of the

women populations are not given opportunity to work and participate in the

labor force.

The proportion of unpaid worker is 43.1% for men and 56.9% in

women. This reflects that women are discriminated because more than half

of working women are not getting the proper salary or worst they are not

being paid at all. Though there are also a large percentage of men who are

unpaid still women top the list.

When it comes to nation-building and public affairs there is still a big

difference between man and woman occupying the elective positions. 81.3%

of public officials are men while only 18.4% are women. This great disparity

is the result of gender stereo typing that men are leaders and women are

only their subordinates.

These gender issues (marginalization, subordination, gender

stereotyping, multiple burden & VAW if left unattended will keep most

women out of the development process; and will result in a development



that does not respond to the needs and concerns of half of a nation’s

population. Hence, we should all work together to deter these gender

discriminations.

The process of correcting gender disparity in a society leads us to

improving the condition and status of women in all spheres (household as

well as community level) which is also termed as women’s empowerment.

Recently, variables such as education and employment were commonly

used to capture empowerment and other related concepts such as women’s

autonomy and status. Their use is justified by the fact that they have strong

positive correlation with the direct empowerment indicators. A woman’s

level of education, her employment status, particularly employment for

cash, and media exposure are expected to be positively related to

empowerment. Women who are educated, employed, and exposed to the

media are likely to be better equipped with the information and the means

needed to function effectively in the modern world. Together these factors

are expected to influence women’s inherent abilities as well as their

attitudes on gender roles.

The search for more direct measures has focused on capturing

‘evidence’ of empowerment. One widely accepted measure of ‘evidence’ (or

lack thereof) is women’s participation in household decision-making. This

variable is increasingly used as an objective indicator of women’s household



level empowerment, particularly in demographic and health studies.

Recommendation

In order for us to address the gender roles issues and biases there are

steps that we have to follow: Gender Analysis, Gender Mainstreaming and

Women Empowerment.

Gender analysis refers to a variety of methods and techniques used

to understand the differences between men and women in terms of roles,

behaviors, activities, needs, opportunities, access to and control over

resources, and constraints in relation to one another. Gender analysis also

refers to the gender-based disaggregation and appraisal of available data to

pinpoint the difference between men and women on account of gender. As

stated in the introductory section of this paper, the roles, activities,

opportunities and access to and control over resources of men and women

vary across different socio-economic and cultural settings. Within the same

setting itself their roles and learned behavior could be different.

Men and women have different knowledge, experience, needs, and

access to resources. Different gender roles result in one sex having an

unequal role in decision making while the other has little or no and being

denied the benefits from development. Gender analysis, thus, explores

these differences and provides information about gender relations in



different settings.

Gender analysis is indispensable in order to promote gender equality

and achieve sustainable development. Careful analysis of the differences

between men and women enable researchers and policy makers to explicitly

show the disparities between the two sexes due to gender roles, in which

women are mostly affected, and challenge the disparity for equality to be

guaranteed. By doing so, gender analysis adds insight into how the issue of

gender equality is incorporated into development policies and programs to

pursue efficient development goals in which women generally participate in

and benefit from development programs.

Some of the specific steps to be taken in order to perform this gender

analysis would be:

• Strengthening of government partnership with media in

covering various women’s issues

• Formulation and implementation of legislative measures that

will eliminate gender bias

• Increase in women’s awareness of their economic rights and

opportunities



• Establishment of an enabling environment that will ensure the

effective implementation of policies for the protection of women

workers

Gender Mainstreaming refers to the strategy for making women's as

well as men's concerns and experiences an integral dimension of the

design, implementation, monitoring, and evaluation of policies and

programs in all political, economic, and societal spheres so that women and

men benefit equally and inequality is not perpetuated. It is the process of

assessing the implications for women and men of any planned action,

including legislation, policies, or programs in all areas and at all levels.

In order to achieve gender mainstreaming, we can start by applying the

following steps:

• GAD mainstreaming in the bureaucracy

• Enhancement of women’s leadership roles and participation in

decision making

• Enhancement of women’s access to/utilization of basic social

services

• Promotion and advancement of women and girl-children’s

human rights



• Enhancement of sustainable access of women to capital,

market, information, technology, and technical assistance

Women’s empowerment is the process by which women gain greater

control over the circumstances of their lives. It is a multidimensional

concept, which purports to measure a woman’s ability to control resources,

her ability to choose and control different outcomes, and above all enhance

her self-esteem. It can be examined based on different indicators. Until

recently, variables such as education and employment were commonly used

to capture empowerment and other related concepts such as women’s

autonomy and status. While those proxy measures are important and are

ideally associated with empowerment, they may not capture all aspects of

the multidimensional concept of empowerment.

A woman’s level of education, her employment status, particularly

employment for cash, and media exposure are expected to be positively

related to empowerment (Mason, 1986; Kishor, 2000). Women who are

educated, employed, and exposed to the media are likely to be better

equipped with the information and the means needed to function effectively

in the modern world. Together these factors are expected to influence

women’s inherent abilities as well as their attitudes towards gender roles.

Empowerment of women can be expected to vary over the life cycle since the

rights and responsibilities of women vary with age and the parity. Older



women and women with children are likely to have greater status, rights

and responsibilities than younger women or women with no children. In

addition, the characteristics of the place of residence as well as the socio-

economic status of the household define the actual opportunities available

to women. Local studies on women’s empowerment are rare. Particularly

studies based on direct indicators of empowerment such as decision

making power on household matters, autonomy in seeking health care,

attitude towards resisting wife beating and attitude towards right to refuse

sex with husband for any reason are scarce. As a result, there is lack of

comprehensive knowledge regarding different dimensions of women’s

empowerment and the factors associated with them. It is believed that

implementation of pertinent policies and programs targeting gender

equality and women’s empowerment can benefit immensely from current

studies in this area.

To increase the economic empowerment of women, the following steps

are highly recommended:

• Enhancement of employment and livelihood skills of

women, particularly in high-value-adding industries and

agricultural activities

• Strengthening of women’s representation in economic

decision-making bodies



• Promotion of a gender-responsive delivery of justice to

violence against women (VAW) survivors

• Strengthening of women’s role in promoting gender-

responsive governance

Once this recommendation would be implemented it is also suggested

that Gender and Development principles would be integrated in our

cultural belief, perceptions, practices, values, roles, attitudes and

structural arrangements so that we will achieve holistic gender equality and

development in our society.



Gender Equality: Its Results, Consequences, Provocations and

Remedies

by

Queen B. Ang

A thesis submitted to Atty. Ronald Crisanto P. Mercado

in Partial Fulfillment of the Requirements

for the Subject

Legal Research and Thesis Writing,

JD 1-6, 1st Semester, 2015-2016

College of Law

Polytechnic University of the Philippines

Sta. Mesa, Manila



October 2015

Gender Equality Thesis Queen Ang

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