Isabelle E.

Ereeta

2015-25-05

Notes on Gender Inequality in the Philippines

The Philippines has consistently scored well in global surveys on gender equality, but these rankings are
misleading.
On one hand, the Philippines has a high percentage of women representation in corporate boards, an
increasing number of women entering public service, and has had two female presidents. We also have
a number of progressive women's rights laws aimed at closing the gender gap.
However, there are fundamental issues in Philippine society that perpetuate inequality:
Lack of access to reproductive health services. Reproductive health remains a highly contentious topic
in the Philippines, a deeply religious and predominantly Catholic country. After a 14-year struggle, the
Responsible Parenthood and Reproductive Health Act of 2012 (Republic Act No. 10354) was signed into
law on December 21, 2012.1 The RH Law guarantees universal access to contraception, fertility control,
sexual education, and maternal care. However, while the law has not yet been fully enforced and
implemented, many Filipinos still lack access to quality reproductive health services. This has serious
consequences, especially for women.2

For every 100,000 live births in 2011, 221 mothers died during pregnancy and childbirth or
shortly after childbirth. The ratio of maternal deaths to live births increased from 162 deaths in
2006.

6 out of 10 married women, 15 to 49 years old, were at risk of conceiving a child with an
elevated risk of mortality in 2006. These women were considered at risk either because they
were impregnated at an early age (less than 18 years) or too old (age 35 or older) or have more
than 3 previous births at an unacceptably short birth interval (less than 24 months). The
estimate was higher than the 2005 estimate of 50.6 percent (around 5 out of 10 women).

49 in every 100 women or 48.9 percent of child-bearing age were using a family planning
method in 2011. For women who are using modern methods, the 2011 estimate was 36.9
percent (around 37 for every 100 women) from the previous 34.0 percent in 2008.

Almost a third of women aged 15 to 44 choose to terminate their pregnancy, and because
abortion is illegal in this country, most of these procedures are performed unsafely.3 Women
seeking post-abortion care, even for incomplete spontaneous abortions (miscarriages), are
treated badly in public hospitals. In some cases they are even denied care.4

Women make up nearly 70 percent of the informal economy, where they receive low wages, work
under poor conditions, and lack adequate social protection from the government.5 Underemployment
and unemployment among women are high.6
1

The Supreme Court delayed implementation of the law in March 2013 in response to challenges by pro-life groups. On April 8, 2014, the Court
ruled that the law was "not unconstitutional" but struck down eight provisions.
2
http://www.pcw.gov.ph/statistics/201405/statistics-filipino-women-and-mens-health-and-family-planning
3
http://www.rappler.com/move-ph/32710-abortion-philippines
4
http://www.irinnews.org/report/84021/philippines-illegal-abortions-the-risks-and-the-misery
5
http://journals.upd.edu.ph/index.php/rws/article/viewFile/2934/2707
6
http://www.bles.dole.gov.ph/PUBLICATIONS/Gender%20Statistics/Gender_Home.html

Isabelle E. Ereeta

2015-25-05

Reconciliation of family and work remains exclusively a female affair. This undermines the family and
increases the discrimination of women in the labor market. No country in the world has managed to
close the economic participation gap. Women continue to be underemployed, underpaid and
underrepresented in top managerial and executive positions in business and politics. This results in
continuous waste of the human talent and impedes economic growth.7
Were still a long way from equal representation, even though the Philippines has more women in
government compared to other countries. Women make up half of the population, but only 25% of the
Senate (6 women senators out of 24) and 27% of the House of Representatives (79 women
representatives out of 289). We have many women leaders who have fought for gender equality and
gender justice, but we also have many examples of those who are even more anti-women than their
male counterparts.
Trafficking in women continues to thrive, aggravated by poverty. 8 Girls as young as 11 to 17 years old
are exploited for commercial sex.9
Violence against women (VAW) is prevalent. 1 in 5 Filipino women age 15-49 has experienced physical
violence since age 15.10 Rape is one of the most prevalent forms of VAW in the Philippines.11

VAW is linked to unequal power relationship between women and men. Societal norms and
traditions dictate people to think men are the leaders, pursuers, providers, and take on
dominant roles in society while women are nurturers, mens companions and supporters, and
take on subordinate roles in society. This perception leads to men gaining more power over
women. With power comes the need to control to retain that power. And VAW is a form of
mens expression of controlling women to retain power.

Rape is one of the most prevalent forms of VAW in the Philippines. Reported rape cases
ranked third (13.1%) of the total reported VAW cases in the country from 1999 to 2009.
(Philippine Commission on Women)
o In 2013 there were 5,493 reported rape cases, and we know that this is just the tip of
the iceberg because most rapes go unreported. (PNP Women and Children Protection
Center)
o In the breakdown of physical and sexual abuse cases by age, the number of cases more
than doubles from age 10-12 to ages 13-15 (WCPU Statistics for 2012). Why the sudden
spike in cases after age 12? Because in the Philippines the age of consent is 12 years old
and once they hit 12 they're considered fair game, never mind that a 12 year old child
has not achieved the cognitive development to be able to give consent. 85% of the time,
the sexual abuse perpetrator is someone the child knows.
o Based on the National Objectives for Health Survey of the DOH (2000) 295,448
teenagers between the ages of 13-15 years experienced sexual abuse. Of these, 61,518
were forced sex/rape. Only 0.1% of cases are reported to the authorities.
o Rape victims who do have the courage to come forward are blamed for what happened
to them. Bakit kasi gabi ka na umuwi? Ano ba yung damit mo? Bakit di ka

World Economic Forum <https://agenda.weforum.org/2014/10/afford-ignore-gender-gap/>

2001-2006 Academy for Educational Development <www.humantrafficking.org>
9
U.S Trafficking in Person Report, 2013
10
2008 National Demographic and Health Survey conducted by the National Statistics Office
11
Philippine Commission on Women
8

Isabelle E. Ereeta

2015-25-05

nagpasama?... Bakit ka nakipag-inuman doon, kababae mong tao? (Commission on

Women's Rights)
On top of cultural and social stigma, victims are discouraged from pursuing cases
because of a slow justice system, prohibitive lawyer fees, and the costs of travelling to
and from the court.

The Philippines is the only country in the world where divorce is illegal. The grounds for annulment are
restrictive. The law not consider valid the usual reasons for divorce, e.g. infidelity, desertion, physical or
psychological abuse, irreconcilable differences, or the reality that two people simply dont love each
other anymore. The costs are prohibitive. Poor women suffer the most, remaining trapped in abusive,
dysfunctional marriages.
Laws that discriminate against women12
At one point in our history (as late as 1992) we had to pass a law that allowed women to engage
in economic activities even without their husband's consent (RA 7192).
Adultery [RPC Article 333] (women) vs. concubinage [RPC Article 334] (men)
o Concubinage requires proof while adultery may be premised on circumstance.
o Adultery makes it illegal to have sex with a man who is not her husband. Easier to
prove, carries a heavier penalty (max 6 years)
o Concubinage makes it ok for a man to have sexual intercourse as long as it is not in the
conjugal dwelling, under scandalous circumstances, or cohabitation in another place.
(max 2 years)
Rape law
o Highest possible penalty is applied if the victim is a religious person (e.g. nun) -> ranking
of women, virgin is more valuable
o Art 226 the rapist is pardoned if he marries the victim, extinguishes the criminal act
The Philippines is a state party to the Convention on the Elimination of All forms of Discrimination
against Women (CEDAW) Adopted in 1979 by the UN General Assembly, CEDAW often described as an
international bill of rights for women.

12
13

Status of CEDAW under the legal system

o Magna Carta of Women (MCW) 2009 as national translation of CEDAW
o New laws passed: MCW, Reproductive Health law, Kasambahay law, law allowing night
work for women, Expanded Anti-Trafficking in Persons Act, National Consciousness Day
on Elimination of Violence Against Women (VAW)

Inquiry concerning the Philippines under article 8 of the Optional Protocol to CEDAW13
o 3 Philippine NGOs requested CEDAW committee to conduct an inquiry into "pro-life"
Executive Orders in the City of Manila which limit access to modern contraceptives
o The U.N. CEDAW Special Inquiry was the first one for the Asia region and on
contraceptive access.
o CEDAW Committee found that women in the Philippines face reproductive rights
violations and discrimination; called on the government to guarantee universal access to
modern contraceptives and decriminalize abortion.

http://www.rappler.com/move-ph/issues/gender-issues/39701-laws-that-discriminate-against-women
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/PHL/CEDAW_C_OP-8_PHL_1_7679_E.pdf

Isabelle E. Ereeta
o

2015-25-05

In a report released April 2015, CEDAW committee:

Holds the government accountable for failing to ensure womens access to
contraceptive information and services and putting their health and lives at risk
Criticizes the government for failing to prioritize womens human rights over
religious ideology and cultural stereotypes, which has led to widespread
discrimination against women and hindered access to sexual and reproductive
health information and services
Expressed concern about current funding restrictions on modern contraceptives
in Manila City and called for the decriminalization of abortion in cases of rape,
incest, when the health or life of the woman is at risk, and in cases of severe
fetal impairments
Provided a broad and robust set of recommendations to the Philippines that
includes:
Addressing the unmet need for contraception, and ensuring universal and
affordable access to the full range of sexual and reproductive health services,
commodities and related information, including by legalizing access to
emergency contraception
Establishing health care protocols and procedures by both local and state
governments to prevent abuse and discrimination against women seeking
reproductive health services
Ensuring that local governments set effective legal remedies for women seeking
redress for violations of their right to access sexual and reproductive health
servicesremoving barriers that women are facing in accessing justice
Prioritizing the protection of womens health rights, including the development
of strategizes to sensitize members of parliament, government officials,
political parties, as well as local governments executive and legislativeto
eliminate all ideological barriers limiting womens access to sexual and
reproductive health services, commodities and information.

Womens Priority Legislative Agenda (WPLA)

o Amendments to the Revised Penal Code: anti-prostitution, marital infidelity, premature
marriages, death or physical injuries under exceptional circumstances
o Amendments to the Family Code: repeal of provisions favoring decision of husband or
father, repeated physical abuse as a ground for legal separation
o Amendment to anti-rape law to remove forgiveness clause and raise age of statutory
rape from 12 to 16
o Amendment to Anti-Sexual Harassment Law
o Magna Carta for Workers in the Informal Economy
o Revision of the Code of Muslim Personal Laws
Need more consultations with Muslim groups as they do not have a common
stand on the provisions considered discriminatory to women
ARMM Gender and Development Code includes a provision that discourages
early marriage