GENDER AND THE LAW 2019 REVIEWER

Session 1

a. Why are you taking up Gender and the Law? By Corey Rayburn – Pau Saul

● The essay adopts the gender neutral term “womyn” to refer to people traditionally called women.
○ Etymology of “woman” was from the Old English term “wif-man”.
○ Changing “women” to “womyn” is not just a way to break from patriachal linguistics but also a
way to problematize social constructions of womyn because language is an important vehicle for
deconstructing cultural norms and exposing gender hierarchies.
● Why Gender and the Law is perceived to be a womyn's class is not initially clear. After all, men also
confront issues of gender identity, traditional patriarchal roles, and gender and sex equity (albeit from a
different vantage point than womyn). While some may find it understandable that a gay man would have a
gender studies interest, it is only because there is a presumed norm of heterosexuality. Examining why
gender classes are taken to be womyn-only clubs provides a launching for understanding why men do not
join these forums.
○ Men have no gender
■ Privilege of not experiencing gender identity is what allows men to deploy cultural norms
as rational counter-arguments to feminism. This means that men are prevented from
confronting their own gender issues. They are denied the opportunity to explore the
gender that they do not realize they have.
○ The patriarchal dividend
■ The obvious reason why men, at least white heterosexual men, don’t join gender focused
forums is that they reap the material benefits of their privilege.
■ The patriarchal dividend serves as a substantial impediment to any move by men toward
recognizing and deconstructing their culturally informed gender identity.
○ What will people say?
■ There is fear among men of being identified as people interested in gender because they
may get called sissy, gay or whipped.
○ The pink ghetto
■ The concept was originally used to describe the way womwn were pushed into lower
paying jobs that were in line with patriachal conceptions of womyn’s work. Now, it has
been used to describe the institutional discrimination against womyn professions who
teach gender issues.
○ Arguments against male involvement (NO MEN ALLOWED - FEMINIST ARGUMENTS FOR
SEPARATION)
■ The impossibility thesis
● The strongest form of the argument against male involvement in gender-focused
forums is that it is impossible for a man to be a feminist. The impossibility thesis
takes two primary forms: That feminism is womyn's political territory, and that
feminist forums must have separate space "to escape male epistemological
dominance. The traditional impossibility thesis has been described as follows:
“Women are the subjects of feminism, its initiators, its makers, its force; the
move and the join from being a woman to being a feminist is the grasp of that
subjecthood. Men are the objects, part of the analysis, agents of the structure to
be transformed, representatives in, carriers of the patriarchal mode; and my
desire to be a subject there too in feminism - to be a feminist - is then only also
the last feint in the long history of their colonization.”
 ● Replies to this:
○ There is danger is overstating the male role in the feminist struggle.
○ Separate feminist ideology from gender identity. Men cannot
experience the life of womyn but they can align themselves with a
political commitment and ideology which is feminism.
■ Presumption of symmetry
● The experience and oppression of womyn cannot be equated to what men go
through.
■ Authentication
● There is risk that womyn’s voices will be ignored because they are seen as self-
interested, and only validated by a man arguing against his privilege. Men who
seek to join gender focused groups should avoid being authenticators or
figureheads in order to diminish the risk of discurvice domination.
■ Domestication and co-option
● The pattern of men domesticating womyn’s radical work and integrating it in a
watered down form is an old gambit.
■ The social movement model
● A common mistake for men attempting to undertake a progressive politics to
question masculinity is to use the feminist model of a social movement. It is in
this form that many of the above dangers are most salient. The danger of this
movement model is that it necessarily reinforces connections between men.
"Seeking the unity of 'men' can only mean emphasizing the experiences and
interests men have that separate them from women, rather than the interests they
share with women that might lead toward social justice.
● Challenging gender and the law norms (ways to address barriers)
○ A new vocabulary
○ Focus on awareness
○ Utopian reconceptualization
○ Dismantle male solidarity
● Conclusions
○ Law school as microcosm
○ Law students occupy a unique place in the ivory tower.
○ Learning from the lessons of Gender and the Law-type classes and from the law school
environment can aid the efforts to deconstruct the borders erected around the pink ghetto.
Rhetorical shifts, utopian reconceptualizing, old-fashioned awareness-raising, and dismantling
male solidarity are ideas not just for law schools but for all of us. While preserving the political
and safe space ofwomyn within feminism,is always important, including men in those ways where
they do not intrude is essential to attacking patriarchy.

b. More Alike than Different By Eleanor Dionisio – Gia Mordeno

Sex and Gender

Sex and Gender: What they are, How they differ

● Sex is a biological term. It is used most often to refer to the act of mating between two organisms – an act
which is part of the process of biological reproduction.
● Males and female differ from each other in several ways. Among the differences are:
○ Chromosomal make-up
 ■ Chromosomes are the first determinant of sex. They contain the genes that parents pass
on to their offspring.
○ Internal and external genitalia
○ Quantities of various hormones
■ Hormones are secretions of the endocrine glands. Its main function is to stimulate the
development of primary sex characteristics, so that individuals become capable of
reproduction.
○ Secondary sex characteristics such as body hair distribution, voice pitch, and muscular
development.
● Gender refers to the differentiated social roles, behaviours, capacities, and intellectual, emotional, and
social characteristics attributed by a given culture to women and men. There are two genders: masculine,
ascribed to the male sex, and feminine, ascribed to the female. Almost all gender systems in the world
share certain common elements. The most basic and common element in contemporary gender systems is a
difference in gender roles:
○ the assignment of women of the primary responsibility for caring for children and
○ the home, and to men of the task of providing the income on which their families live.
● Sexual division of labor exists in the form of production-reproduction distinction.
○ Production refers to social production, or the production of commodities. It is viewed as men’s
sphere.
○ Reproduction includes not just biological reproduction but also toher tasks associated with it:
childbearing, the maintenance of other members of the family, and the maintenance of dwelling.
This is viewed as women’s sphere.
○ Filipino women participate in social production but such is supplement and secondary to the main
task of housekeeping and childrearing.
● The myth of Filipino matriarchy provides the while women are said to rule the household, their husbands,
and through their husbands, they defer household and personal decisions to men as they are the main
providers of family income.
● The basis of most gender ideology is biological determinism, the thesis that the biological differences
between men and women dictate a difference in social roles as well. The women are the ones physically
equipped to bear and nurse children, nature intends that their lives should revolve around the care of
children and the family. The difference is men’s and women’s bodies result in a difference in their
psychological make-up. Male and female hormones are also responsible for male-female personality
differences.
○ None of the arguments for an essential difference in men and women’s psyches has been proven
beyond doubt. But the extent to which hormones control male-female personality differences is
difficult to determine, because of the intrusion of other factors affecting human behaviour.
● Gender is a cultural construction - a product of a given society’s adaptation to the material conditions in
which it finds itself. Gender differentiation originates from the different functions assigned to men and
women by society, which in turn, are based on their sex differences. The individual male or female within
each culture acquired gender through socialization.

Gender Subordination
● Gender subordination describes the secondary position of women vis-a-vis men in society.
○ Males are considered as the breadwinners while women are the homemakers. However, wages
paid to breadwinners are not enough requiring women to work. Women’s responsibility for home
defined her work outside it.
○ Public policies are made largely on the assumption that male interests are broad interests, and that
female interests are side issues. Grassroots organizations, accessible to working class men, are not
 as accessible to working class women because of gender biases, women’s learned passivity, and
the burden of household work which hinders their active participation.
○ Women are not just men’s sexual and reproductive property, they are also legitimate targets of
sexual aggression. Its victims are perceived as being in some way to blame for it, because their
dress and manner “asked for it,” because they were engaged in gender-inappropriate activities.
○ Women perceive men as essential to their own survival. Women are encouraged to think of a
permanent and exclusive intimacy with a man, rather than creative and meaningful work, as their
primary goal in life. A woman’s self-image is shaped by their ability to attract men, as well as by
the type of men they attract. A woman who holds her own men might gain respect, but she also
risks becoming the object of hostility and unkind gossip, most of all women from fellow women.
● The lack of bonding between women, the absence of a sense of common cause, is perhaps the greatest
obstacle to their liberation from gender subordination. Women are isolated as the home is supposed to be
the center of their lives. Gender ideology teaches women to accept their situation as natural but it also
convinces them that they would not want to have it any other way.

Gender Subordination Through History

● Gender differentiation began as a recognition of the different roles played by males and females in
biological reproduction. It became the basis for the sexual division of labor. The sexual division did not
automatically lead to male dominance.
○ Friedrich Engels - As long as the means of production remained communal, women’s tasks were
also communal and their importance pretty well recognized, so that women’s status in the
community was comparable to men. The beginning of subordination was the evolution of private
property. As technology developed, there was a surplus in production and individuals began to
appropriate it and inherit the same to their children. This required the need to ensure that the heirs
were one’s natural children and thus, the practice of monogamy as a means for controlling
women’s sexuality.
○ Hunting - Hunting was a male activity. Weapons used for hunting could be used against human
beings as well. This became instruments of coercion, enabling the wielder to appropriate for their
own private benefit the labor of other human beings.
● When the Spaniards arrived in the Philippines, women were active in agriculture and other economic
activities while also being in charge of the home. However, Roman Catholicism, with its misogyny, was
embraced by native women, making them chase, meek, and devoted servants of men and the faith. The rise
of industrial capitalism in Europe carried with the establishment of the production-reproduction distinction.
In the Philippines, European gender ideology found its most avid adherents in the native elite that emerged
in the 19th century.
● US colonization brought it with a more liberal ideology. Suffragists from the US, fighting for women’s
right to vote, came to the Philippines to recruit elite women in the struggle. Women were given
employment opportunities and equal right and opportunities in formal education. However, these
developments brought only cosmetic improvement. The working woman was still expected to be the loving
and dutiful wife at home. Upon formal independence, the sexual objection of women worsened.

Gender and Socialization

● Gendering or the socialization of persons into a given gener, begins the moment a child is born. Ruth
Hartley notes four processes are performed unconsciously.
○ Manipulation - people handle girls and boys differently, even as infants.
○ Canalization - people direct children’s attention to gender-appropriate objects
○ Verbal appellation - consists in telling children what they are or what is expected of them
○ Activity exposure - ensures that children are familiarized with gender-appropriate tasks
 ● Institutions of mass socialization - those which aim to ensure that whole groups of people consent to and fit
into the existing social order - also play an important role in promoting the dominant gender ideology and
inequality. Four institutions are crucial:
○ Formal education - Formal education is accessible to female as to females. However, there is
gender differentiation and inequality. Higher education for women is not viewed as not useful as
women will probably get married and stay home. Schools and teachers channel girls and boys
towards gender-appropriate behavior and activities.
○ Mass media - Women in mass media are shown as housewives, emotionally dependent martyrs
and victims or scheming and sly villainesses. Men have more positive images, they are shown as
courageous and determined; but they are also portrayed as violent and destructive.
○ Religion - Most dominant religions teach that gender differentiation and inequality are ordained by
God. This teaching is conveyed not just in doctrine or in a male-dominated religious hierarchy but
also in sacred symbolism.
○ Language - While there are terms that are used as generic (ex. “Man” referring to humankind), the
image that such terms create is distinctly masculine, particularly for children, who have difficulty
distinguishing between literal and figurative meanings. It perpetuates the idea of men as the main
social players, and the invisibility of women.
Session 2

a. CEDAW and the Rights to Non-Discrimination and Equality By Simone Cusack – Abbey Perez

INTERPRETATION OF THE RIGHTS TO NON-DISCRIMINATION AND EQUALITY

Purpose of CEDAW: is ‘to eliminate all forms of discrimination against women with a view to achieving
- women's de jure and de facto equality with men in the enjoyment of their human rights and fundamental
freedoms'
- 3 obligations central to the realisation of the object and purpose:
- ensure that there is no discrimination against women in laws and women are protected
against discrimination;
- improve the de facto position of women; and
- address prevailing gender relations and the persistence of gender stereotypes.
- Remember: rights to non-discrimination and equality are the backbone of CEDAW

CEDAW Committee
- treaty body that monitors progress in the implementation of CEDAW
- responsible for interpreting the rights to non-discrimination and equality and elucidating the measures
needed to ensure women's de jure and de facto equality with men
- interpretative statements concerning these rights are founding its general recommendations and concluding
observations
- Note: status of these documents as a source of international law is uncertain, the but these are of
considerable practical importance for the interpretation and application of the rights to non-
discrimination and equality in CEDAW
A The Right to Non-Discrimination
1 All Forms of Discrimination against Women
- CEDAW recognised the myriad forms of discrimination women experience because of their sex
and/or gender
- Sex: ‘biological differences between men and women
- Gender: socially constructed identities, attributes and roles for women and men and
society's social and cultural meaning for these biological differences
2 Definition of Discrimination against women in CEDAW
 - Article 1: any distinction, exclusion or restriction made on the basis of sex 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
- Definition is concerned with:
- differences in treatment based on sex/gender that comprise of distinctions between
women and men
- Differences in treatment may be discrimination under CEDAS if they have the
purpose of ‘impairing or nullifying’/adversely affecting a woman's human rights
and fundamental freedoms (ie, direct discrimination) not only under CEDAW
but also in other treaties; if they are ‘explicitly based on grounds of sex and
gender’
- Identical treatment may constitute discrimination if it has the effect of impairing
or nullifying a woman's rights (ie, indirect discrimination); occurs when a law,
policy, programme or practice appears to be neutral in so far as it relates to men
and women, but has a discriminatory effect in practice on women
- exclusion of women and not men and restrictions imposed on the rights of women and
not
- E.g: gender-based violence as a form of discrimination against women (GR 19); criminalisation
and neglect of health care that only women need as barriers to their health and forms of sex/gender
discrimination (GR 24)
3. Coverage; application of CEDAW
- applies to all fields (political, economic, social, cultural, civil or any other field)
- discrimination by state and non-state actors
- different theories of equality (formal equality, substantive equality and transformative equality)

B) The Right to Equality

1. Formal Equality / de jure equality
- asserts that, as equals, women and men should be treated the same
- formal equality is essential but not sufficient for the full implementation of CEDAW
2. Substantive Equality
- equality of opportunity and equality of results
- take biological, socially and culturally constructed differences between women and men into
account, which may require non-identical treatment to address those differences
3. Transformative Equality
- 2 distinct category of obligations under this theory:
- transformation of institutions, opportunities, systems and structures that cause or
perpetuate discrimination and inequality
- modification or transformation of harmful norms, prejudices and stereotypes

APPLICATION OF THE RIGHTS TO NON-DISCRIMINATION AND EQUALITY TO WOMEN'S

INDIVIDUAL SITUATIONS
- Optional Protocol's communication procedure requires the Committee to determine communications
submitted to it by or on behalf of individuals or groups of individuals who claim that a state party has
violated their rights under CEDAW
A) The Communication Procedure
- permits individuals or groups of individuals (or persons acting on their behalf) to submit
communications to the Committee alleging violations by a state party of rights in CEDAW
- admissibility requirements of these communications include:
 - exhaustion of domestic remedies
- compatibility of the communication with the provisions of CEDAW (ratione materiae);
- alleged facts to have occurred on or after the entry into force date of the Optional
Protocol for the state party or to have continued after that date (ratione temporis)
- Not legally binding to States but they must submit a written response to the Committee within 6
months outlining the steps taken to implement the decision
B) Individual Communications
1. Reproductive Health
- Committee stressed the fundamental importance of addressing women's distinctive health needs
and interests and providing gender-sensitive health care services and information
- LC v Peru: State party accountable for the decision of a public hospital to delay spinal surgery and
refusal to perform a therapeutic abortion on LC; state party violated CEDAW when the doctors
delayed spinal surgery, refused to perform a therapeutic abortion on LC and prioritised the foetus
over the life, health, and dignity of LC based on the stereotype that women should be mothers
- AS v Hungary: state party accountable for its failure to obtain full and informed consent and to
provide reproductive health information before sterilising AS; failure to provide information
necessary to enable a woman to give full and informed consent to a reproductive health procedure
and, consequently, it laid important groundwork for subsequent decisions on involuntary
sterilization
2 Violence against Women
- Issues here are other than domestic violence, including sexual harassment, and rape/sexual assault,
discriminatory gender-based violence against women
- AT v Hungary: state party's legal and institutional frameworks on domestic violence fell well short
of international standards and its remedies provided ineffective protection and support for
victims/survivors
- Yildirim v Austria, Goekce v Austria: state party accountable for its failure to prevent the victims
from being murdered by their husbands, despite sustained periods of serious violence that were
known to the authorities
- VK v Bulgaria: refusal of domestic courts to issue a permanent protection order made the state
party accountable; state’s reliance on an overly restrictive understanding of domestic violence, its
failure to take the complete history of violence into account and the excessively high standard of
proof imposed on the victim/survivor
- Jallow v Bulgaria: state party's failure to interview the victim about the abuse it was alleged she
had suffered and its disregard for her vulnerable position as an isolated and illiterate immigrant
with little command of Bulgarian; authorities here based their actions ‘on a stereotyped notion that
the husband was superior and that his opinions should be taken seriously’ and ignored evidence
concerning the disproportionate and discriminatory impact of domestic violence on women
- Abramova v Belarus: state party accountable for discriminating against and sexually harassing
victim whilst she was detained under administrative arrest; failure of the state-run detention
facility to meet the distinctive needs of female prisoners and to ensure that women prisoners were
attended and supervised by women officers
- Vertido v Philippines: condemned the state party for not making lack of consent an essential
element of the crime of rape and its failure to ensure that victim had access to an effective remedy,
evidenced by the eight year delay in bringing her case to trial
3 Civil, Political and Economic Matters
- Compared to other fields, there’ slow success rate in communications concerning civil, political or
economic matters is due in part to the Committee's more conservative application of the rights to
non-discrimination and equality to women's individual situations and/or differences of opinion
amongst its members about the proper application of those rights to the particular facts
 - Muñoz-Vargas y Sainz de Vicuña v Spain: in Spain, a woman was entitled to inherit a nobility
title only if she was the firstborn child and did not have a younger brother; CEDAW said
communication is inadmissible ratione temporis on the basis that succession occurred before
CEDAW or the Optional Protocol entered into force, both internationally and for Spain and that
there’s no human right to succeed to a title of nobility

WHERE TO NOW?
A Asking the ‘Woman Question’
- The “woman question” which theCommittee can use in gender analysis in individual communication
- asks about the gender implications of a social practice or rule: have women been left out of
consideration? If so, in what way; how might that omission be corrected? What difference would it
make to do so?
- examines how the law fails to take into account the experiences and values that seem more typical
of women than of men, for whatever reason, or how existing legal standards and concepts might
disadvantage women
- requires consideration of the overlapping forms of oppression that women experience because of
their sex/gender and other aspects of their identities
- ensures that the situations and gendered experiences of women are key considerations in all of the
Committee's decisions
B Asking the ‘Man Question’
- As attention is concentrated on women, how the social and cultural construction of men/masculinities
contributes to the stratification and subordination of women is being concealed
- ‘Man question’
- asks about gender implications of a law, policy or practice for different groups of men and boys
and explores how they accept privilege with its patriarchal dividend and costs
- could help the Committee understand better how, in relation to the particular set of facts before it,
male privilege and dominance have been constructed and the relationship between that privilege
and dominance and the alleged violations of the victim's rights
- assists in developing a more nuanced view of discrimination and inequality including, in
particular, the way that women and men are regularly assigned distinct, yet mutually reinforcing,
(heteronormative) roles and behaviours
C Asking the ‘Other Question’
- Inter-gender focus
- This suggests that although the ‘woman question’ and the ‘man question’ require attention to all
aspects of our identities, they may need to be supplemented with a further methodology that
specifically targets intersectional discrimination
- uncovers and understands the interconnectedness of different forms of subordination and how they
coalesce to produce unique forms of oppression
- elps the Committee to ensure that intersectional discrimination is recognised and addressed
consistently in individual communications

b. General Recommendation No. 25 – Rein Dom

c. CEDAW Committee Concluding Comments and Observations (2016) - Eric Aguinaldo
Congress
The Committee stresses the crucial role of the legislative power in ensuring the full implementation of the
Convention. It invites Congress, in line with its mandate, to take the necessary steps.

The Committee recommends that the State party strengthen its efforts for the full and timely implementation of the
women’s priority legislative agenda, in order to expedite the full harmonization of national legislation with the
Convention and the Magna Carta of Women, and that it establish effective mechanisms to monitor the
implementation of these laws, with the participation of women’s organizations, at both the national and local levels.

Access to justice
The Committee notes with concern:
(a) That no effective remedies have been provided to the authors of communications No. 18/2008 (Vertido v. the
Philippines) and No. 34/2011 (R.P.B. v. the Philippines);
(b) That discriminatory gender stereotypes, stigmatization and the lack of adequate support systems all pose barriers
to justice and to effective remedies for women, in particular those facing multiple forms of discrimination, such as
women in poverty, women with disabilities, indigenous and Muslim women, women living in geographically
inaccessible areas, and lesbian, bisexual and transgender women;
(c) That a number of judicial decisions, including decisions on sexual and reproductive health rights and gender-
based violence against women, are not fully compliant with the provisions of the Convention;
(d) That judicial and legal procedures at courts, police stations and health-care facilities are not sufficiently
accessible to persons with disabilities and are often gender-insensitive.

The Committee urges the State party to provide effective remedies to the authors of communications No. 18/2008
(Vertido v. the Philippines) and No. 34/2011 (R.P.B. v. the Philippines), in line with the recommendations issued by
the Committee (see CEDAW/C/46/D/18/2008 and CEDAW/C/57/D/34/2011), and to submit its responses on these
cases without any further delay.

With reference to its general recommendation No. 33 (2015) on women’s access to justice, the Committee
recommends that the State party:
(a) Ensure that justice systems, both formal and informal, do not discriminate against women and are secure,
affordable and physically accessible for women, including those who face intersecting forms of discrimination, such
as by institutionalizing accessibility for women with all forms of disabilities, and raise awareness among women
about all available justice systems;
(b) Take measures, including the development of capacity-building programmes for justice system personnel, in
order to strengthen gender responsiveness and gender sensitivity and ensure that the various religious, customary
and indigenous justice systems harmonize their norms, procedures and practices with the Convention;
(c) Ensure that the justice system, including the transitional justice system, provides and enforces remedies for
women that are effective, gender-sensitive and proportionate to the gravity of the harm suffered;
(d) Assess the functionality and effectiveness of women and children protection desks at police stations, in
consultation with all stakeholders, including women who are victims of violence and women’s rights organizations,
in order to enhance the responsiveness of the desks.

The Committee, as regards temporary special measures, recommends that the State party:
(a) Expedite the adoption of the pending bills referred to in paragraph 21 above to implement temporary special
measures, including a statutory quota for the representation of women as candidates in elections, in appointed
positions in the Government and among the beneficiaries of scholarships and training opportunities for government
officials;
(b) Implement those temporary special measures provided under sections 11 (a) and (b) of the Magna Carta of
Women that do not require legislation for implementation, in particular in relation to women’s representation on
development councils at all levels;
(c) Use temporary special measures to enhance substantive equality of girls and women belonging to disadvantaged
sections, including minority groups and communities;
(d) Institute a mechanism to monitor the impact of temporary special measures taken, track trends over time and take
necessary corrective measures, including introducing sanctions for non-compliance, and provide in the next report
detailed information and an assessment of results achieved.
Stereotypes and harmful practices
The Committee welcomes the efforts made by the State party to remove discriminatory gender stereotypes.
However, there are still derogatory statements and behaviour by high-level political figures with regard to women
and public acquiescence to such statements and behaviour.

The Committee recommends that the State party:

(a) Put in place a comprehensive strategy with proactive and sustained measures aimed at both women and men at
all levels of society, including political, traditional and religious leaders, to eliminate discriminatory stereotypes
about the roles and responsibilities of women and men in the family and in society;
(b) Encourage the media to portray positive images of women and the equal status of women and men in public and
private life and to avoid gender stereotypes in media coverage of gender-based violence against women;
(c) Fully implement the recommendations of the Commission on Human Rights in its resolution on case No. 2016-
078.

Gender-based violence against women

The Committee notes the legislation in place in the State party and the comprehensive policy framework and inter-
agency mechanisms to combat gender-based violence against women, but is concerned about:
(a) The high prevalence of gender-based violence against women and girls and the low reporting of incidents of
violence, in particular domestic violence and sexual violence, due to stigmatization of and discrimination against
victims;
(b) The limited scope of the Anti-Violence against Women and Their Children Act of 2004 (Republic Act No.
9262), which is focused mainly on domestic violence by intimate partners;
(c) The fact that statutory rape under the Anti-Rape Law of 1997 is limited to cases in which the victim is under 12
years of age;
(d) The increasing incidence of online sexual exploitation and abuse of children;
(e) Intensified gender-based violence against women, including by members of the armed forces, such as killings
and sexual violence and abuse in conflict-affected areas and in areas of large-scale development projects;
(f) The lack of disaggregated data on gender-based violence against women in the context of displacement, armed
conflict, disaster, migration and trafficking situations, as well as on gender-based violence against women with
disabilities.

The Committee recommends that the State party:

(a) Adopt comprehensive legislation on gender-based violence against women covering all forms of violence;
(b) Expedite the amendment of the Anti-Rape Law of 1997, putting lack of consent as the primary element of the
definition of rape and raising the minimum age of sexual consent, currently set too low at 12 years, to at least 16
years;
(c) Strengthen its response to online sexual exploitation and abuse of children, including through the implementation
of the statement of action by Governments to tackle online child sexual exploitation, issued at the #WePROTECT
Children Online summit held in Abu Dhabi in 2015, and adopt pending bills expanding the definition of sexual
harassment to include peer sexual harassment and cyberharassment;
(d) Prevent, investigate and punish all forms of gender-based violence, in particular sexual violence perpetrated by
State and non-State actors, apply a zero-tolerance policy to combat impunity and provide necessary support to
women and girls who are at risk or victims of such violence, including during times of armed conflict, in line with
the Committee’s general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict
situations;
(e) Address the root causes of the vulnerability of women and girls to violence, including poverty, inequality in
family relations, insecurity, and discriminatory stereotypes;
(f) Systematically collect comprehensive and disaggregated data on gender-based violence against women in
displacement, armed conflict, disaster, migration and trafficking situations, as well as on gender-based violence
against women with disabilities.
Trafficking and exploitation of prostitution
The Committee welcomes the efforts made by the State party to prevent and combat trafficking in persons, in
particular women and girls, including the adoption of the Expanded Anti-Trafficking in Persons Act of 2012.

The Committee is concerned:

(a) That the current legislative framework against trafficking in persons does not explicitly cover contemporary
methods, such as online matchmaking, which can be used as a tool for trafficking in persons;
(b) That prevention of trafficking remains weak, especially during and after disasters and armed conflicts;
(c) That there is a lack of designated shelters for victims of trafficking and a lack of support for their rehabilitation
and reintegration.

The Committee recommends that the State party:

(a) Effectively implement the Expanded Anti-Trafficking in Persons Act of 2012;
(b) Develop a legal framework to explicitly address contemporary methods of trafficking, which make use of
information and communications technologies;
(c) Address the root causes of and women’s vulnerability to trafficking, in particular in the context of disasters,
conflicts and displacements;
(d) Develop shelters specifically for victims of trafficking and ensure that victims have access to assistance,
rehabilitation and reintegration programmes;
(e) Step up efforts aimed at bilateral, regional and international cooperation to prevent trafficking, including by
exchanging information and harmonizing legal procedures to prosecute traffickers.

The Committee recommends that the State party continue its efforts to achieve equal representation of women and
men in political and public life. It recommends, in particular, that the State party:
(a) Expedite the adoption of statutory quotas for the representation of women on lists of candidates fielded by
political parties for congressional elections, with measurable benchmarks;
(b) Ensure diversity in the representation of women in legislative, administrative and judicial bodies, including
Muslim women, indigenous women and women with disabilities;
(c) Adopt regional and local action plans in the Autonomous Region in Muslim Mindanao to implement the national
action plan on women and peace and security, and ensure the full participation of Muslim and indigenous women in
political and public life at all levels in the Region.

Education
The Committee is concerned about:
(a) The lower number of girls enrolled in pre-primary and primary education compared with boys and the lack of
information on girls out of school;
(b) Gender segregation in higher education, with low enrolment of women and girls in non-traditional fields of study
such as science, technology, engineering, mathematics and agriculture;
(c) The high incidence of sexual violence and sexual harassment against girls in schools;
(d) The lack of operational guidelines and training for teachers on delivering age-appropriate education on sexual
and reproductive health and rights.

The Committee recommends that the State party:

(a) Promote the enrolment of girls in pre-primary and primary education;
(b) Analyse and address obstacles faced by girls who are not enrolled in or who have dropped out of school, as a part
of efforts to ensure that all girls and boys complete primary and secondary education, including through the use of
temporary special measures for those belonging to minority communities;
(c) Enhance its efforts to overcome gender segregation in higher education, with a view to increasing women’s
enrolment in non-traditional fields of study such as science, technology, engineering, mathematics and agriculture;
(d) Effectively investigate and prosecute cases of sexual violence and harassment against girls in schools and
adequately punish perpetrators, and ensure that the committees on decorum and investigation that are established in
schools and mandated to accept complaints of sexual harassment do not in effect hinder the investigation and
prosecution of perpetrators of sexual violence and harassment at schools by formal criminal justice bodies;
(e) Develop operational guidelines for schools and provide training for teachers in order to deliver high-quality, age-
appropriate education on sexual and reproductive health and rights for all girls and boys, including those with
disabilities.

Employment
The Committee welcomes the removal of the prohibition on night work for women and the adoption of the Domestic
Workers Act, but remains concerned about:
(a) Women’s overrepresentation in the informal sector;
(b) Persistent occupational gender segregation, with women being concentrated in social and caregiving work;
(c) The wide gender wage gap in the State party and the restrictive interpretation of the principle of equal pay for
work of equal value;
(d) Widespread sexual harassment in the workplace and the prevalence of impunity.
The Committee recommends that the State party:
(a) Intensify measures to increase the protection of human rights for women working in the informal sector and
efforts to facilitate the entry of women workers into the formal sector, including through use of temporary special
measures for women belonging to minority groups;
(b) Eliminate horizontal and vertical gender segregation in the labour market, including by adopting temporary
special measures to promote access for women to employment;
(c) Expedite the amendment of the Labour Code to expand the list of prohibited acts of discrimination against
women on account of sex and the adoption of pending bills to expand the definition of sexual harassment to include
peer sexual harassment, and increase penalties for such crimes;
(d) Strengthen efforts to investigate and impose sanctions for sexual harassment in the workplace, whether
committed in the public or private sector, in line with the Committee’s general recommendation No. 19 (1992) on
violence against women;
(e) Establish objective job evaluation schemes for the application of the principle of equal pay for work of equal
value in accordance with the Convention and the Equal Remuneration Convention, 1951 (No. 100), of ILO.

Women migrant workers

The Committee recommends that the State party:

(a) Enhance its efforts to effectively protect the rights of Filipina migrant workers abroad, through bilateral
agreements and memorandums of understanding with countries and regions to which Filipinas migrate in search of
work;
(b) Strengthen the regulation and inspection of recruitment agencies for migrant workers and the sanctions
applicable in case of breaches of relevant regulations;
(c) Continue its efforts to raise awareness among women migrant workers about their rights, the risks that they may
face and the channels that they can use to seek remedies in case of violations of their rights, through pre-departure
briefings and public information campaigns;
(d) Investigate, prosecute and punish perpetrators of exploitation and abuse of women migrant workers, in particular
domestic workers, who are under its jurisdiction;
(e) Provide gender-responsive support to returning women migrant workers for their reintegration.

Health
The Committee notes that, in 2014, the Supreme Court recognized the constitutionality of the Responsible
Parenthood and Reproductive Health Act and that the Act has subsequently entered into force. It also notes that
some legislation, including local executive orders inconsistent with the Act, has been revoked by the Act. The
Committee is concerned, however, that women’s access to sexual and reproductive health services is still severely
restricted and:
(a) That early pregnancies, unsafe abortions and HIV/AIDS infections are increasing, in particular among adolescent
girls;
(b) That there has been a lack of specific measures to implement the recommendations of the Committee’s inquiry
conducted in 2012 (CEDAW/C/OP.8/PHL/1), including with regard to access to modern contraceptives and the
legalization of abortion under certain circumstances;
(c) That the implementation of the Responsible Parenthood and Reproductive Health Act has not been consistent
throughout the State party, no mechanism to monitor its implementation has been established, and there have been
substantial cuts in the budget for this implementation;
(d) That the revocation of Executive Orders Nos. 003 and 030 of Manila City has been implied by the adoption of
the Responsible Parenthood and Reproductive Health Act but has not been expressly declared, resulting in confusion
among health professionals and a persistent lack of access to services and information about sexual and reproductive
health and rights for women and girls in Manila City;
(e) That Sorsogon City adopted Executive Order No. 3 in February 2015, which resulted in the withdrawal of
modern contraceptives from city and community health facilities.

Economic empowerment of women

The Committee recommends that the State party:

(a) Ensure that women engaged in unpaid work or in the informal sector, both in rural and urban areas, have access
to non-contributory social protection and that those employed in the formal sector have access to contributory social
security benefits in their own right, irrespective of their marital status;
(b) Adopt gender-responsive social protection floors to ensure that all rural women have access to essential health
care, childcare facilities and income security, in line with article 14 (2) (b), (c) and (h) of the Convention and the
Social Protection Floors Recommendation, 2012 (No. 202), of ILO.

Rural women

With reference to its general recommendation No. 34, the Committee recommends that the State party:
(a) Ensure that rural women have access to adequate food, nutrition, water and sanitation, taking into account
international human rights standards on such rights;
(b) Eliminate income discrimination against rural women as compared with rural men, and improve rural working
conditions by setting living wages, with urgent attention paid to the informal sector;
(c) Ensure the integration and mainstreaming of a gender perspective into all agricultural and rural development
policies, strategies, plans and programmes, enabling rural women to act and be visible as stakeholders, decision
makers and beneficiaries;
(d) Disseminate the text of the general recommendation in local languages throughout municipalities with the aim of
raising awareness about its recommendations, especially among local non-governmental organizations.
Disadvantaged groups of women

The Committee is concerned:

(a) That Muslim women, indigenous women, women with disabilities, women migrant workers working and
returning from abroad, internally displaced persons and lesbian, bisexual and transgender women face a heightened
risk of violence, exploitation and abuse, as well as discrimination in political and public life, marriage and family
relations, employment, education, access to justice and health care;
(b) That Muslim, indigenous and other women living in rural areas are subjected to forced evictions and relocations
as a result of large development projects and extractive industries;
(c) That the provisions of the draft Bangsamoro basic law may undermine the rights of indigenous peoples to
ancestral lands and domains;
(d) That there have been alleged cases of extrajudicial killings of, and gender-based violence against, women human
rights defenders from indigenous communities.

The Committee recommends that the State party:

(a) Take measures to ensure equal rights, opportunities and protection for women facing multiple and intersecting
forms of discrimination, taking into consideration the specific risks and particular needs of different groups and
ensuring the full and meaningful participation of women representing such groups;
(b) Ensure that the policies, projects and practices relating to development and land governance, including those that
may entail relocation, are fully in line with relevant international standards, including the basic principles and
guidelines on development-based evictions and displacement (see A/HRC/4/18, annex I), and that victims of forced
eviction and relocation are provided with effective remedies, including compensation, in a timely manner;
(c) Fully consult Muslim (Bangsamoro) and non-Muslim indigenous communities in order to identify and
implement innovative solutions to land management that ensure women’s rights in line with the rights of non-
Muslim indigenous peoples enshrined in the Indigenous Peoples’ Rights Act of 1997 (Republic Act No. 8371) and
the United Nations Declaration on the Rights of Indigenous Peoples, as well as with those of Bangsamoro
communities;
(d) Investigate and prosecute all acts of violence against indigenous women human rights defenders, provide
effective remedies to the victims and prevent the recurrence of such acts;
(e) Ensure the protection of internally displaced women from violence and their effective access to social services
and economic development.
Natural disasters and climate change
The Committee welcomes the fact that the legal and policy framework relevant to natural disasters and climate
change mainstreams gender-sensitive responses across government agencies. It is concerned, however, that this
framework has not been effectively translated into practice.

The Committee recommends that the State party:

(a) Consistently prioritize the protection of women’s rights, in particular protection from gender-based violence, in
situation analyses, needs assessments and interventions relating to disaster risk reduction, preparedness and response
to natural disasters, as well as in the mitigation of the negative impacts of climate change;
(b) Ensure the full and meaningful participation of women, including those who face multiple and intersecting forms
of discrimination, in designing, implementing and monitoring relevant legal and policy frameworks;
(c) Regularly assess the effectiveness of relevant legal and policy frameworks in protecting women’s rights with
clear baselines and measurable indicators, and provide information on the achievements made in the next periodic
report.

Marriage and family relations

The Committee is concerned that inequality in marriage and family relations continues to exist under the law and
notes with particular concern:
(a) The delay in the adoption of a bill to repeal the provision of the Family Code that grants a husband’s decision
supremacy over that of his wife with regard to community property, the exercise of parental authority and
guardianship over a child;
(b) The prohibition on divorce in the State party, except under the Code of Muslim Personal Laws, and the costly
and lengthy procedures for legal separation and annulment, which may have the effect of compelling victims of
sexual and gender-based violence, especially those without resources, to remain in violent relationships;
(c) The contradictions between the provisions of the Magna Carta of Women and those of the Code of Muslim
Personal Laws and customary laws applicable to Muslim and indigenous communities, which provide for unequal
relations between husband and wife, including harmful practices such as polygamy and child and forced marriage,
as well as unequal practices with respect to inheritance.

The Committee recommends that the State party:

(a) Expedite the harmonization of the Family Code and other laws on marriage and family relations with the
Convention and the Magna Carta of Women and ensure the equality of women and men, both in marriage and upon
the dissolution of marriage, including by expediting the adoption of the long-pending divorce bill and by taking into
account the Committee’s general recommendations No. 21 (1994) on equality in marriage and family relations and
No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution;
(b) Intensify its efforts to raise awareness about the Convention among Muslim communities, including women,
men and traditional and religious leaders, in particular by disseminating information on good practices of other
Muslim countries with regard to the application of sharia in line with the Convention;
(c) Harmonize the Code of Muslim Personal Laws and indigenous and Muslim customary laws with the Convention
and the Magna Carta of Women, in particular by explicitly discouraging polygamy with a view to prohibiting it and
prohibiting child and forced marriage, through consultation with the communities concerned and local women’s
rights organizations;
(d) Eliminate the root causes of child and forced marriage, including poverty, conflicts and insecurity, as well as
vulnerability to the impact of natural disasters;
(e) Ensure the full participation of women in decision-making and legislative processes at the national, local and
community levels, including in the codification and interpretation of religious norms or customs on marriage and
family relations.

Session 3

a. Articles 1-16 of CEDAW – Lui Sebastian

PART I of CEDAW
Article 1: Definition of “Discrimination against women”
- distinction, exclusion or restriction made on the basis of sex
- which has the effect or purpose of impairing or nullifying the:
(a) recognition,
(b) enjoyment or
(c) 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:
(a) political,
(b) economic,
(c) social,
(d) cultural,
(e) civil, or
(f) any other field

Article 2: State Parties to condemn discrimination in all its forms; specific obligations
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and
without delaya policy of eliminating discrimination against women and, to this end, undertake:

(a) To embody the principle of the equality of men and women in their national constitutions or other appropriate
legislation if not yet incorporatedtherein and to ensure, through law and other appropriate means, the practical
realization of this principle;
(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all
discrimination against women;
(c) To establish legal protection of the rights of womenon an equal basis with men and to ensure through competent
national tribunals and other public institutions the effective protectionof women against any act of discrimination;
(d) To refrain from engaging in any act or practice of discriminationagainst women and to ensure that public
authorities and institutionsshall act in conformity with this obligation;
(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or
enterprise;
(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs
and practices which constitute discriminationagainst women;
(g) To repealall national penal provisions which constitute discriminationagainst women.

Article 3: Measures to take in “all fields” to ensure the full development and advancement of women
States Parties shall take in all fields, in particular in the
(a) political,
(b) social,
(c) economic and
(d) cultural fields,
all appropriate measures, including legislation,
to ensure the full development and advancement of women,
for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a
basis of equality with men.

Article 4: Temporary/other special measures not considered discriminatory

1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men
and womenshall notbe considered discrimination as defined in the present Convention, but shall in no way entail as
a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the
objectives of equality of opportunity and treatment have been achieved.
2. Adoption by States Parties of special measures, including those measures contained in the present Convention,
aimed at protecting maternity shall notbe considered discriminatory.

Article 5: Elimination of gender stereotypes; best interest of children

States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the
elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the
superiority of either of the sexes or on stereotyped roles for men and women;
(b) To ensure that family education includes a proper understanding of maternity as a social functionand the
recognition of the common responsibilityof men and women in the upbringing and development of their children, it
being understood that the interest of the children is the primordial consideration in all cases.
Article 6: Suppression of traffic in women and exploitation of prostitution of women
States Parties shall take all appropriate measures, including legislation, to suppressall forms of traffic in women and
exploitation of prostitutionof women.
PART II of CEDAW
Article 7: Elimination of discrimination against women in the political and public life
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and
public life of the country and, in particular, shall ensure to women, on equal terms with men, the right:
(a) To votein all elections and public referenda and to be eligible for electionto all publicly elected bodies; (b) To
participate in the formulation of government policyand the implementation thereof and to hold public office and
perform all public functionsat all levels of government;
(c) To participate in non-governmental organizations and associationsconcerned with the public and political life of
the country.

Article 8: Women in government and in international organizations

States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any
discrimination, the opportunity to represent their Governments at the international level and to participate in the
work of international organizations.

Article 9: Nationality of women

1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall
ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall
automatically change the nationality of the wife, render her stateless or force upon her the nationality of the
husband.

2. States Parties shall grant women equal rights with men with respect to the nationality of their children.

PART III of CEDAW

Article 10: Women’s rights in the field of education; educational opportunities
States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to
them equal rights with men in the field of educationand in particular to ensure, on a basis of equality of men and
women:

(a) The same conditions for career and vocational guidance, for access to studies and for the achievement of
diplomasin educational establishments of all categories in rural as well as in urban areas; this equality shall be
ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of
vocational training;
(b) Access to the same curricula, the same examinations, teaching staffwith qualifications of the same standard and
school premises and equipmentof the same quality;
(c) The elimination of any stereotyped concept of the rolesof men and women at all levels and in all forms of
education by encouraging coeducation and other types of education which will help to achieve this aim and, in
particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;
(d) The same opportunities to benefit from scholarships and other study grants;
(e) The same opportunities for access to programmes of continuing education, including adult and functional literacy
programmes, particulary those aimed at reducing, at the earliest possible time,any gapin education existing between
men and women;
(f) The reduction of female student drop-out ratesand the organization of programmes for girls and women who have
left school prematurely;
(g) The same Opportunities to participate actively in sports and physical education;
(h) Access to specific educational informationto help to ensure the health and well-being of families, including
information and advice on family planning.

Article 11: Elimination of discrimination against women in the field of employment

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of
employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:

(a) The right to work as an inalienable rightof all human beings;

(b) The right to the same employment opportunities, including the application of the same criteriafor selection in
matters of employment;
(c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and
conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced
vocational training and recurrent training;
(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as
well as equality of treatment in the evaluation of the quality of work;
(e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age
and other incapacity to work, as well as the right to paid leave;
(f) The right to protection of health and to safety in working conditions, including the safeguarding of the function
of reproduction.

2. In order to prevent discrimination against women on the grounds of marriage or maternityand to ensure their
effective right to work, States Parties shall take appropriate measures:

(a) To prohibit, subject to the imposition of sanctions, dismissalon the grounds of pregnancy or of maternity
leaveand discrimination in dismissals on the basis of marital status;
(b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment,
seniority or social allowances;
(c) To encourage the provision of the necessary supporting social servicesto enable parents to combine family
obligations with work responsibilities and participation in public life, in particular through promoting the
establishment and development of a network of child-care facilities;
(d) To provide special protection to women duringpregnancy in types of work proved to be harmful to them.
3. Protective legislation relating to matters covered in this article shall be reviewed periodicallyin the light of
scientific and technological knowledge and shall be revised, repealed or extended as necessary.

Article 12:Elimination of discrimination of women in the field of healthcare

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health
care in order to ensure, on a basis of equality of men and women, access to health care services, including those
related to family planning.
2. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women appropriate
services in connection with pregnancy, confinement and the post-natal period, granting free services where
necessary, as well as adequate nutrition during pregnancy and lactation.

Article 13: Elimination of discrimination against women in economic and social life
States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of
economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit;
(c) The right to participate in recreational activities, sports and all aspects of cultural life.

Article 14: Rights of women in rural areas

1. States Parties shall take into account the particular problems faced by rural womenand the significant roles which
rural women play in the economic survivalof their families, including their work in the non-monetized sectors of the
economy, and shall take all appropriate measures to ensure the application of the provisions of the present
Convention to women in rural areas.
2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order
to ensure, on a basis of equality of men and women, that they participate in and benefit from rural developmentand,
in particular, shall ensure to such women the right:
(a) To participate in the elaboration and implementation of development planningat all levels;
(b) To have access to adequate health care facilities, including information, counselling and services in family
planning;
(c) To benefit directly from social security programmes;
(d) To obtain all types of training and education, formal and non-formal, including that relating to functional
literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical
proficiency;
(e) To organize self-help groups and co-operativesin order to obtain equal access to economic opportunitiesthrough
employment or self-employment;
(f) To participate in all community activities;
(g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment
in land and agrarian reform as well as in land resettlement schemes;
(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply,
transport and communications.

PART IV of CEDAW
Article 15: Legal capacity of women
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of menand the same
opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to
administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instrumentsof any kind with a legal effect which is
directed at restricting the legal capacity of womenshall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of
persons and the freedom to choose their residence and domicile.

Article 16: Elimination of discrimination against women in matters of marriage and family relations
1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating
to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:

(a) The same right to enter into marriage;

(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
(c) The same rights and responsibilities duringmarriage and at its dissolution;
(d) The same rights and responsibilities as parents,irrespective of their marital status, in matters relating to their
children; in all cases the interests of the children shall be paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of their childrenand to have access
to the information, education and means to enable them to exercise these rights;
(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children,
or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall
be paramount;
(g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an
occupation;
(h) The same rights for both spouses in respect of theownership, acquisition, management, administration,
enjoyment and disposition of property, whether free of charge or for a valuable consideration.
2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation,
shall be taken to specify a minimum age for marriageand to make the registration of marriages in an official registry
compulsory.

b. General Recommendation No. 28 – Robynne Lopez

c. Equality and Difference: Regional Courts and Women’s Human Rights (PART 1) By Helen Stacy – Charlie
Dela Rosa

Session 4

a. Sta. Maria, Defining Women in Family Law – Ervin Hilado

Family Relations Law: the old (Civil Code and the new (Family Code)
Age and Status
- The Family Code set the marrying age to 18yrs old, whether male or female
- There is no longer emancipation through marriage.
Marriage and Remarriage
- Family Code allows a widow to remarry within 300 days following the termination of her first marriage,
but paternity of the child she is carrying is subject to Art 168.
- Unlike the old code which provided an outright prohibition to remarry within 300 days
Separation and Annulment
- There are now additional grounds for legal separation
- The grounds of sexual infidelity or perversion substituted the previous grounds of adultery and
concubinage.
- On annulment, old provision on fraud was carried over in Art 45 of the Family Code
- Art 46 is one form of fraud which is the concealment of the woman that she was pregnant with
another man’s child at the time of her marriage
- No similar form of fraud for men concealing impregnation of someone else
Names and Surnames
- Use of “Juniors (or Jr.)” remains the privilege between fathers and sons.
- Applicable provision on surnames is still Art 370 of the Civil Code:
A married woman may use:
(1) Her maiden first name and surname and add her husband's surname, or
(2) Her maiden first name and her husband's surname or
(3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."
- Illegitimate children are allowed to use the surname of the father with a requirement of proof of filiation, as
provided under RA 9225.
Paternal Authority
- Notwithstanding that the law allows illegitimate children to use the surname of the father upon the latter’s
recognition, the said recognition does not automatically confer custody to the father.
- The rule is that in cases of illegitimate children, the parental authority resides with the mother, but the
father is expected to support them.
- The mother must be proven to be “unfit” to be deprived of parental authority
- Jurisprudence has provided that the mere fact that the mother was a lesbian does not
automatically render her to be unfit.
Work, Profession and Business
 - The Family Code provides that “either spouse may exercise any legitimate profession, occupation, business
or activity without the consent of the other” and that “the latter may object only on valid, serious and moral
grounds”
- As compared to the Civil Code which allowed the husband to object on the profession of the wife
provided that the income of the former is sufficient or for serious and valid grounds.
- The decision of the wife can also be overruled by the parents and grandparents before.
- Present regime now considers the act of refusing or preventing the wife from pursuing the same by the
husband as possibly constituting violence against women which is punishable under the law.
Ownership, Acquisition and Administration of Property
- GR No. 21 explains that ownership, disposition, management and enjoyment of property are central to a
woman’s right to financial independence
- Art 114 and 115 of the old Civil Code provides for properties which the wife could not acquire without the
consent of the husband.
Art. 114. The wife cannot, without the husband's consent acquire any property by gratuitous title,
except from her ascendants, descendants, parents-in-law, and collateral relatives within the fourth
degree.
- For the protection of the wife’s honor and reputation
- She should avoid acts of generosity that may possibly put her under scrutiny or suspicion
or that may alienate the affection of her spouse
Art. 115. The wife manages the affairs of the household. She may purchase things necessary for
the support of the family... She may borrow money for this purpose, if the husband fails to deliver
the proper sum. The purchase of jewelry and precious objects is voidable, unless the transaction
has been expressly or tacitly approved by the husband, or unless the price paid is from her
paraphernal property.
- From the fact that the husband administers the community property and jewelry is
presumed to be luxurious within the context of family expense
- There is no longer any prohibition against these acquisitions by the wife in the Family code
- The Family code also recognizes that spouses exercise joint administration over their properties.
- The wife can also now sue or be sued as compared to the old code where, as a general rule, she must be
joined by her husband in all suits either by or against her.
- Non-financial contributions must also be recognized.

Remaining Challenges
- In the administration and enjoyment of community property or conjugal partnership property, the decision
of the husband prevails over that of the wife in case of disagreements.
- The decision of the husband also prevails over the wife’s in case of disagreement regarding the exercise of
parental authority over their common children and in the legal guardianship over the property of the
unemancipated common child.
- The law puts the burden on the wife to fight for her decisions in court which can be daunting and
disempowering.
A Question of Choice
- Some provisions have taken away from the woman the right to choose, either because it was deemed that
this right is not important in such a situation or because the law assumed a protective stance, but has
undermined the woman’s ability to decide for herself and take responsibility for such choice.
- As previously stated, the ground for annulment of marriage based on fraud from the concealment
of the wife that she was pregnant by another man at the time of marriage, which does not equally
apply to men impregnating another woman at the time of marriage.
 - In void marriages, the Family Code provides that a marriage is void if the solemnizing officer has no
authority unless one of the parties in good faith believed that the officer at the time of marriage had
authority.
- The Code Commission explained that the exception was “to prevent unscrupulous chauvinistic
males from deceiving the girls, because they were made to believer that they are going to be
married when marriage is not what they want….”
- Only the father has the right to impugn the legitimacy of the child. Both child and the mother have no such
right to impugn the legitimacy.
- The mother should be able to exercise this right if it is for the best interest of the child.
- If the importance accorded to legitimacy is because the child stands to benefit more from the law
if he or she is recognized as legitimate, then the law should address the discriminatory provisions
that put illegitimate children at a disadvantage, instead of depriving the child or the mother to
assert a status that may not yet be more beneficial to the child in certain cases.

b. Rethinking Property Rights as Human Rights: Acquiring Equal Property Rights for Women Using I

A. Relationship between Women’s Human Rights and Property Rights

1. Status
● Women remain to be inferior economically and continue to suffer abuses. Depriving women of
property is considered as human rights abuse.
● Feminists have recently fought for women’s rights under general human rights systems. Using this
“mainstreaming theory” allowed women who have no remedies in their domestic legal systems to
bring their cases to international human rights bodies.
● Acquiring property right is considered an important human rights issue. Acquiring property allows
women to be individual economic actors. People who are not economic actors must attach
themselves to people who are in order for them to survive
○ This reality keeps women in an inferior position within marriages, families, and societies.
2. Property Laws in Latin America
● Head of Household Designation
○ Agrarian reform normally grant land to the father figure in families. These type of laws fail to
consider women as possible “head of the household.”
○ Before women can acquire property, she must show that the father abandoned the family.
○ In countries like Chile, women are under the guardianship of their husbands so they have no
authority to control marital property.
○ Even in Civil Code jurisdictions where women have inheritance rights, the rights are not always
afforded them. It is often the son who receives real property upon marriage.
○ In developing countries, resettlement schemes ignore legal provisions for joint title or ownership
of property by women in their own name.
● Movements to Improve Global Condition for Women
○ Women’s issues are not well represented in international legal bodies.
○ Women’s voice are not incorporated in the formulation of human rights instruments.
○ One of the structural obstacles to women’s human rights is the public/private distinction. Many
women’s rights issues happen in the private sphere, but only those happening in the public sphere
are addressed.
● Gender-Based Movements
○ They are initially successfully, but had limited success because the separate institutions to
implement women’s rights instruments are comparatively weak.
○ They lack the resources to ensure compliance.
 ● Mainstreaming Movement
○ A response to the remaining weaknesses in the gender-based movements.
○ This movement brings women’s rights issues to non-gender based bodies.
● Inter-American Commission on Human Rights
○ Commission can issue reports documenting violations of women’s human rights.
○ Can issue advisory opinions on domestic legislation that violate women’s human rights.
○ Can hear individual cases (through optional protocols)
○ Complainant must file case within six months from notice of local court’s final judgment.
○ Commission may also investigate by making on-site visits and request further information from
parties.
● Inter-American Court
○ Has both contentious and advisory jurisdictions
○ Only member states or the Commission can bring issues to the Court under its advisory
jurisdiction
○ In its advisory capacity, Court may interpret the Convention or any other human rights treaty that
applies in the Americas.
○ Court can also issue an opinion on the compatibility of State laws with the Convention.
○ Court rules on cases through its contentious jurisdiction (individuals must first take the case to the
Commission then it determines w/ to forward it to the IAC).
● Women can also make use of the Declaration and Convention to force States to enact legislation that will
protect their property rights.
○ The IAC also addresses the problem of domestic legislation contravening with the Convention.
○ An example of which is Provision 140, a proposed provision to the new Peruvian Constitution that
would expand the application of the death penalty.
○ The IAC said that the obligation under the Convention to adopt legislation to give effect to human
rights includes an obligation not to adopt a legislation that would violate those rights.
○ Using the principles that the Court articulated in the Peruvian case, women in OAS countries
could challenge domestic laws that discriminate against women. However, this can be limiting
because the IAC analyzed this in its advisory jurisdiction. Women have to ask their States to
request first for an opinion. It would be difficult to ask this from States.
○ Another case was with regard to Chile’s request on the right to reply. The IAC announced that if
anyone within the jurisdiction of the member State could not exercise her right to reply for any
reason, the State would be in violation of the Convention. This can be useful for women seeking
property rights.
3. Obligation to prevent, investigate, and punish violations of Human Rights
● In the Velasquez Rodriguez case (decided under the contentious jurisdiction), IAC found that the State
failed to fulfill its duty to ensure human rights by perpetrating and acquiescing to forced disappearances.
IAC lso held that even in cases of human rights violations the state did not perpetrate, a lack of due
diligence by the state in failing to adequately prevent, investigate, and punish such a violation imputes
responsibility to the state. This can be useful to women fighting for property rights, but the ruling does not
indicate the stance of the IAC in future cases under its contentious jurisdiction. There was also a lack of
state acquiescence and lack of punishment.
4. Right to Sufficient Judicial Recourse
● IAC also held that a violation of this right is a violation of the Convention. One example is its decision
against Argentina stating that the State violated the complainants’ human rights in the application of its
national amnesty laws. Women can use this precedent and their rights under Articles 8 and 25 of the
Convention to pressure the courts in their respective states to adequately honor their property rights. IAC
also recognized that the rights in Articles 8 and 25 apply to civil as well as to criminal trials. Again, this
does not indicate the future stance of the IAC on the matter.
5. Problems with the Approach
● Inability of asserting equal property rights through the Inter-American System and of international human
rights law to change local cultural practices
○ Rights existing in international law does not make them a reality for individuals
○ However, the IAS is still successful as it has influenced domestic legislation, defended
individual’s human rights, and ordered reparations.
Session 5

a. Gender Stereotyping: Transnational Legal Perspective by Rebecca J. Cook and Simone Cusack (Chapter 1:
Understanding Gender Stereotyping) – Bea Melivo

GENDER STEREOTYPING: TRANSNATIONAL LEGAL PERSPECTIVES

Stereotype – a generalized view or preconception of characteristics possessed by or roles that should be performed
by members of a particular group.

Stereotyping - results in disregarding the individual characteristics of a person. It impacts an individual’s ability to
create or shape an individual identity by ignoring a particular individual’s needs, abilities and circumstances.

Public Prosecutor v. Kota – Marie Kota fled from her abusive husband and was sought by local police.
They arranged a community meeting to facilitate the couple’s reconciliation, but Marie expressed that she
wanted a divorce. The chiefs ordered her to return to the family home. The SC held that this was a violation
of her constitutional right to liberty and freedom of movement. There was a stereotyping of Marie as her
husband’s property.

Reasons for Stereotyping:

1. TO MAXIMIZE SIMPLICITY AND PREDICTABILITY – reducing the challenge of comprehending the social
complexity of the surrounding world; relying on generalized views to distill the world’s complexity. this can be
harmful when relied upon to impose a burden or deny a benefit to an individual who is atypical of the social group
to which the generalization is applied (ex. a woman applying as firefighter and the stereotype that women are
weak).

2. TO ASSIGN DIFFERENCE – labeling people so that we do not need to exert time and effort to understand their
differences, to know them as individuals. May result in marginalization or subordination of the social group (ex.
Ethnic women with dependents are presumed to have higher absenteeism).

R v. Henry and Manning – Lord Justice Salomon said that it was dangerous to convict accused of sexual
assault on the evidence of the woman alone. This is a stereotype that female witnesses are unreliable. Also
in Islamic law, 1 man’s testimony = 2 or more women.

Benevolent Paternalism – the person believes he or she is acting for the benefit of the woman, but
unconsciously discriminates against her (ex. head of a department who believe women should not be
appointed to certain key positions because it might upset her; assuming that women need more time to be
at home to watch the kids).
3. TO SCRIPT IDENTITIES – to describe how members of a group ought to behave. Normative or prescriptive
stereotypes (ex. Foot binding because women are expected to stay at home; the expectation that women should
conform to concepts of beauty, sexuality and modesty).

Prince Waterhouse v. Hopkins – Ann Hopkins was a senior manager at the accounting firm. She was
passed over for partnership for displaying “unfeminine” attributes (she didn’t wear makeup or jewelry,
regularly used profanity). She sued them on unlawful discrimination based on sex. SC said it was unlawful
for an employer to deny a benefit to an employee because she failed to adhere to social norms of
femininity.

Gender Stereotypes - the conventions that underwrite the social practice of gender; structured set of beliefs about
the personal attributes of women and men.

Forms of Gender Stereotypes:

1. Sex – focuses on the physical and biological differences of men and women
2. Sexual – sexual interaction of men and women
3. Sex Role – roles of behavior ascribed and expected of men and women
4. Compounded – gender stereotypes that interact with other stereotypes; attributing
characteristics and roles to different subgroups.

1. Sex Stereotypes - stereotypes that put emphasis on the physical and biological differences between men and
women.
Tanja Kreil v. Federal Republic of Germany – required Germany to allow a woman who was trained in
electronics, to work in positions involving the use of armaments; it broke part of the false stereotype that
women as opposed to men are vulnerable and require laws to protect the against physical dangers.

2. Sexual Stereotypes - endows men and women with specific sexual characteristics or qualities that play a role in
sexual attraction, intercourse, etc. An example of this is the stereotype that “women’s sexuality is for
procreation”. This prescribes reasons for what is to be considered “acceptable” sexual partnership and
acceptable types of sexual behaviors.

3. Sex Roles Stereotypes - normative view regarding appropriate roles or behavior for men and women; This type
of stereotype is said to build on sex stereotypes.

Haines v. Leves – Leves is a female student at Canterbury Girls, while her twin brother Rhys went to
Canterbury Boys. The electives differed between schools (Home economics for the girls vs Industrial Arts
for the boys). The girls’ restricted choice of electives was founded on a stereotype of post-education roles.
The reliance on stereotypes harmed the girls as it provided an unequal and inferior basis for future
educational choices. The boys became more qualified to pursue tertiary education and had better
employment prospects.

4. Compounded Stereotypes - Gender stereotypes that interact with other subcategories such as age, race,
ethnicity, disability, sexual orientation, class or group status.

Yilmaz-Dogan v. The Netherlands – Ms. Yilmaz (a Turkish national working in the Netherlands) was
terminated from employment because of her employer’s stereotypical belief that there was higher
absenteeism among foreign female workers with dependents. Race Committee held that the Dutch
authorities failed to protect her right to work in violation of the Race Convention.
 Perpetuation and Elimination - Perpetuation of gender stereotypes may be done through the law, policies and
practices of state parties to the women’s Convention. When a state applies, enforces or perpetuates a gender
stereotype in its laws, it institutionalizes that stereotype. Elimination of gender stereotypes presupposes that the
community is conscious of that stereotype.

WHY DISCRIMINATION AGAINST MEN IS NOWHERE NEAR AS BAD AS SEXISM

By Sian Ferguson

1. Sexism does not equate to gender-based prejudice.

They are related, but not the same. Sexism is a broad system. Combining the terms ignores the ways in
which institutions work together to trap and oppress non-men. Sexism promotes or allows for a system
where gender-based prejudice can exist.

The Oxford dictionary defines sexism as “prejudice, stereotyping and discrimination, typically
against women, on the basis of sex”. However, in reality, Sexism > Prejudice, Stereotyping and
Discrimination.

2. Sexism is systemic. A number of different factors interact and result in oppression of people perceived to
be “non-men” (a term used by the author to refer to those directly oppressed by sexism).

3. Sexism does not exist in isolation. It is ingrained into institutions, such that women are trapped by
oppression. To illustrate, it is possible move away from a single bigoted person who is making sexist
comments, but one cannot get away from a set of systems that govern every aspect of life.

4. Sexism does not require intention. Sexism can be perpetuated without consciously holding sexist
prejudice. (ex. Sharing a meme about a female athlete’s looks that disregards her achievements in the sport
perpetuates sexism as the act exists in a society that devalues and discourages women athletes, asserting
that their value depends on physical appearance.) Intention is not as important as impact.

5. Sexism goes one-way, while gender-based prejudice can target people of any gender. A person can
hold gender-based prejudice against men, but it still would not result in the oppression of men based on
their gender. A person’s opinion against men, no matter how prejudiced, won’t change the fact that they
earn more on average than non-men, or that they are less-likely to suffer sexual or gender-based violence.

c. The Subtle Side of Sexism By Deborah L. Rhode – Carlo Hirang

INTRODUCTION:

Sexism is not a term often encountered in polite company. In conventional usage, it conveys discrimination
based on sex and seems to require conscious action. Yet there is also a subtle side of sexism. These subtle side of
sexism will be discussed below

UNCONSCIOUS BIAS AND GENDER STEREOTYPES

A wide array of social science research shows the role of group based bias in accounting for gender
inequality. These group based stereotypes have influences that are often outside individual awareness. These bias
predispose individuals to perceive information in ways that conform to pre-existing associations.
 COMPETENCE

Women workers are still frequently perceived as less competent than men. Resumes are evaluated more
favorably when they carry male rather than female names. Even where male and `female performance is
objectively equal, women are held to higher standards, and their competence is rated lower. Having
children makes women, but not men, appear less competent and less available to meet workplace
responsibilities than their childless counterparts

Men also continue to be ranked higher than women when judged on most of the qualities associated with
leadership: forceful, assertive, authoritative, and so forth

Men tend to attribute accomplishments of male colleagues to intrinsic characteristics, such as intelligence,
drive, and commitment. By contrast, men often ascribe women's achievements to luck or special treatment

Women may internalize these stereotypes. They generally see themselves as less deserving than men of
rewards for the same performance and less qualified for key leadership positions. result of these biases, as
subsequent discussion notes, is to block awareness of subtle sexism and
the need for strategies to address it

FEMININITY

A further obstacle for women seeking positions of influence is the mismatch between the qualities
traditionally associated with women and those associated with professional success. What is assertive in a
man seems abrasive in a woman, and female leaders risk seeming too feminine or not feminine enough. On
the one hand, they may appear too "soft"-unable or unwilling to make the tough calls required of those in
positions of power. On the other hand, they may appear too tough-strident and overly aggressive or
ambitious

Women are expected to be nurturing, not self-serving; entrepreneurial behaviors viewed as appropriate in
men are often viewed as distasteful in women.

The Supreme Court's leading decision on gender stereotypes provides a textbook case of this double
standard. Price Waterhouse v. Hopkins involved the denial of a partnership to a female accountant with an
exceptionally strong record. The partners found her "overly aggressive" and "unduly harsh. One partner
thought that she needed a "course in charm school"; another felt that
she "overcompensated" for being a woman. Although Hopkins ultimately prevailed, it took seven years and
five levels of judicial decision making with two trial and three appellate court rulings. And most
of the judges found it a "close" case

COGNITIVE DISSONANCE AND MERITOCRATIC WORLDVIEW

Other cognitive biases compound the force of traditional stereotypes. People are more likely to notice and
recall information that confirms their prior assumptions than information that contradicts those
assumptions; the dissonant data is filtered out.

GENDER BIAS IN MENTORING AND SUPPORT NETWORKS

Women in traditionally male-dominated settings may end up out of the loop when it comes to receiving
advice and accessing professional development opportunities. The problem is exacerbated by the relatively
 small number of women who are in positions of power. These women often lack the time, the leverage, or,
in some cases, the inclination, to assist all who may hope to join them. Differences across race, ethnicity,
and culture compound the problem.

INDIVIDUAL CHOICE AND GENDER BIAN IN A FAMILY CONTEXTS

In principle, the vast majority of men support gender equality, but in practice they fail to structure their
lives to promote it. Despite a significant increase in men's family labor over the last two decades, women
continue to shoulder the major burden. This gender imbalance in family roles reinforces gender inequalities
in career development. Women with demanding domestic responsibilities often lack time for the extended
hours and networking activities that are necessary for advancement. If women are not choosing to run the
world, it is partly because men are not choosing to run the washer and dryer.

This double standard in family obligations is deeply rooted in cultural attitudes and workplace practices.
Working mothers are held to higher standards than working fathers and are often criticized for being
insufficiently committed parents or professionals. Those who seem willing to sacrifice family needs for
workplace demands appear lacking as mothers; those who take extended leaves or reduced schedules
appear lacking as employees.

GENDER BIAS IN APPEARANCE

A final source of sexism involves gender bias in standards of appearance. Those who invest too much in
their appearance are condemned as shallow, vain, and narcissistic. Those who invest too little or fall too
short are punished in multiple ways. What constitutes the right level of effort is open to dispute, and the
formula becomes ever more elusive as women age. The double standard of beauty is especially pronounced
during later life. Men's achievements bring power and status that enhance their appearance. Wrinkles can
be marks of "gravitas," and aging men can look "distinguished." Women's aging is not viewed so
positively, and older women risk marginalization as "unattractive" or ridicule for their efforts to pass as
young.

The price of our preoccupation with appearance is measured in other forms as well. Unattractive
individuals are less likely to be hired or to marry. In many employment settings, these individuals earn less
and are less likely to be promoted than their more attractive counterparts.

Discrimination based on women's physical appearance takes a significant physical toll. Our cultural linkage
of beauty with health obscures the fact that those who are considered beautiful often achieve such looks by
unhealthy mean. Appearance-related discrimination also carries significant psychological costs. In one
representative survey, thirty-four percent of women rated appearance as the most important quality
affecting their self image, above both job performance and intelligence.

LIMITS OF LAW

Law has been of limited effectiveness in addressing the subtle side of sexism. Most obviously, it has only
indirect and often imperceptible impact on many cultural norms that underpin gender inequality. Moreover,
the restricted scope of antidiscrimination remedies and the costs of enforcement often place law out of
reach in all but the clearest cases. Most appearance-related bias falls beyond the scope of legal.
Prohibitions. In the absence of explicit prohibitions, courts have sometimes found that appearance
requirements violate sex discrimination mandates by imposing greater burdens on women than men. Yet
legal decisions in this area have been inconsistent and often idiosyncratic.
 The effectiveness of law is also limited by the costs of enforcement, which relatively few victims of
discrimination seem willing or able to incur. A national survey of some 1000 workers illustrates the
reluctance of workers to take action. Of those who reported unfair treatment in the workplace, about a third
did nothing about it. This reluctance to complain reflects multiple factors. Social science research makes
clear that most individuals do not like to present themselves as victims; it erodes their sense of control and
self-esteem and involves the unpleasantness of identifying a perpetrator. Many are also deterred by the high
price of taking action and the relatively low rewards for doing so.

Even where individuals might be willing to sue, evidentiary hurdles for proving subtle sexism are often
insurmountable. As courts have recognized, employers of even "minimal sophistication will neither admit
discriminatory conduct nor leave a paper trail demonstrating it.'' The unconscious nature of much gender
bias poses obvious obstacles in a legal regime demanding proof of intentional misconduct.

STRATEGIES FOR CHANGE

GENDER BIAS IN EVALUATIONS AND MENTORING

A threshold strategy is to educate women and employers about the unconscious bias that influences
judgments about merit and shapes mentoring and social networks. Although few individuals are unaware of
such bias, many underestimate its cumulative significance in their own lives and workplaces. More
information is also needed about responses that have been most effective in equalizing opportunities. Many
organizations invest substantial time and money in diversity training and professional development
programs without knowing whether they have a measurable impact on outcomes.

Many practices that affect workplace opportunities should also be subject to scrutiny. One example
involves performance evaluation. Decision makers should screen written assessments for stereotypical
characterizations, develop objective, outcome-related criteria to supplement subjective evaluations, and
review assignments to ensure equal opportunities for career development. Well-designed initiatives that
evaluate and reward mentoring activities can improve participants' skills, satisfaction, and retention rates.

WORK/FAMILY CONFLICTS

Any serious commitment to equalizing employment opportunities requires a similarly serious commitment
to address conflicts between work and family that stand in the way of professional advancement. Best
practices and model programs are readily available on matters such as flexible and reduced schedules,
telecommuting, leave policies, and childcare assistance. What women need is not accommodation, but
equal recognition. This will require a redefinition of workplace structures to take into account female as
well as male life patterns and to encourage men to assume their fair share of caretaking responsibilities

Finally, and most importantly, family and quality of life concerns need to be seen not just as women's
issues, but also as organizational priorities. Options like parental leave and flexible schedules should be
gender-neutral in fact as well as in form, and men should be encouraged to take advantage of them.
Enabling male employees to use family policies is critical to broadening their base of support, minimizing
potential backlash.

ACCOUNTABILITY
 A key factor in equalizing opportunities is a commitment to that objective, which should be reflected in
organizational priorities, policies, and reward structures. That, in turn, requires accountability. Decision
makers need to be held responsible for results in recruitment, retention, and promotion, as well as in
practices that influence those results, such as evaluation, assignments, mentoring, and work/family policies.

An organization's leadership needs to both acknowledge the importance of diversity and equality and make
progress in achieving them a factor in employee evaluations and compensation. Employers should compile
information on recruitment, hiring, promotion, retention, and quality of life. Decision makers need to know
whether men and women are advancing in equal numbers and whether they feel equally well supported in
career development. Where possible, employers should assess their progress by comparing their programs
with those of similar workplaces as well as with the best practices identified by experts

These measures are neither a modest nor a complete agenda. But it is a crucial step in narrowing the gap
between our aspirations and achievements. The last four decades have brought us a long way in combating
the most obvious forms of sex-based discrimination. The subtle forms define the challenge that remains

Session 6

a. The Tragedy of the Victimization Rhetoric by Ratna Kapur – Alex Alvarez

- International women’s rights movement has reinforced the image of the woman as a victim subject -
primarily through its focus on violence against women (VAW)
a. The image of “third-world” subject, particularly the female subject that dominates the news items
in western hemisphere is that look of starvation, helplessness, and victimization.
- Author’s main argument: The focus on the victim subject in the VAW campaign reinforces gender and
cultural essentialism in the international women’s human rights arena. This focus fails to take advantage of
liberating potential of important feminist insights.
- The victim subject also provides a shared location from which women from different cultural and social
contexts can speak. Any further fragmentation of the subject raises fears that the absence of a common
subject will leave feminists divided and women even more disempowered.
- However, an exclusive reliance on the victim subject to make claims for rights and for women's
empowerment has some serious limitations. The articulation of the victim subject is based on:
a. gender essentialism - overgeneralized claims about women. Such generalizations are hegemonic in
that they represent the problems of privileged women, who are often white, Western, middle-class,
heterosexual women. It is a subject that cannot accommodate a multi-layered experience.
b. cultural essentialism - women in the Third World are portrayed as victims of their culture, which
reinforces stereotyped and racist representations of that culture and privileges the culture of the
West. This depiction of women in the Third World as perpetually marginalized and
underprivileged has serious implications for the strategies subsequently adopted to remedy the
harms that women experience. It encourages strategies which are reminiscent of imperial
interventions in the lives of the native subject and which represent the "Eastern" woman as a
victim of a "backward" and "uncivilized" culture.
- the victim subject and the focus on violence invite remedies and responses from states that have little to do
with promoting women's rights. The victim subject position has invited protectionist, and even
conservative, responses from states. The construction of women exclusively through the lens of violence
has triggered a spate of domestic and international reforms focused on the criminal law, which are used to
justify state restrictions on women's rights--for the protection of women.
- Gender essentialism refers to the fixing of certain attributes to women.These attributes may be natural,
biological, or psychological, or may refer to activities and procedures that are not necessarily dictated by
 biology. These essential attributes are considered to be shared by all women and hence also universal.
Essentialism thus refers to the existence of fixed characteristics, given attributes, and ahistorical functions
that limit the possibilities of change and thus social reorganization.
a. In the United States, gender essentialism has been challenged by Black, Latina/o, and lesbian
feminists as being exclusive and failing to recognize that women experience various forms of
oppression simultaneously.
b. By not remaining sufficiently attentive to cultural and historical specificities, gender essentialism
constructed through a VAW discourse has prompted state actors, non-state actors, and donors to
embrace universalizing strategies in responding to human rights violations against women. It has
further obscured differences between women located in very different power relationships.
- Cultural Essentialism - Culture and cultural diversity have entered into the women's human rights discourse
primarily through VAW campaigns. However, in an effort to avoid the critique of exclusivity and gender
essentialism, the move to address violence across difference has sometimes resulted in the essentialization
of certain features of culture and reinforced racial and cultural stereotypes.
a. E.g. the vast amount of research on dowry murders that has been conducted and the innumerable
international conferences that have been held on this issue continue to describe dowry murder as
an ancient Hindu practice and fail to reflect how this "practice" is a thoroughly modern and
contemporary phenomenon. There is a failure to understand that dowry violence is a part of
domestic violence and that dowry murders are the most extreme form of violence that a situation
of domestic violence can take in India. The VAW discourse bears some responsibility for setting
up dowry as a tradition that has been in existence since time immemorial and for reinforcing
inaccurate and often racist cultural stereotypes.
- The gratuitous connection between culture and violence is almost invariably brought up in relation to the
Third World. In particular, culture is frequently invoked to explain the kind of violence experienced by
women in the Third World, though it is not invoked in a similar way when discussing violence against
women in various Western contexts.
- There is a need for economic, social, and institutional analysis in order to make certain kinds of politics and
strategies feasible in various national settings.The search for the native subject and the essential cultural
explanations that are used to exoticize the “Other” should be put to rest. A deeper and more rigorous kind
of contextual analysis is essential to protect against simple, unreflective, and naive strategies that invariably
harm more than help those who are victims of rights violations.
- The victimization rhetoric has accentuated the difference between the First World woman and the Third
World Women; and has invited imperialist responses.
- The move to integrate cultural diversity into gender analysis was intended to counter the gender
essentialism that has characterized the women's human rights campaign. However, this move has been
approached through the spectrum of violence, which has reinforced cultural essentialism and the
construction of the Other as backward and uncivilized.
a. The image that is produced is that of a truncated Third World woman who is sexually constrained,
tradition-bound, incarcerated in the home, illiterate, and poor. It is an image that is strikingly
reminiscent of the colonial construction of the Eastern woman. Infantilizing women in the Third
World reproduces the colonialist rationale for intervening in the lives of the native subject
- Feminism in India continues to have a tenuous relationship with nationalism and has been cast as Western
and imperialist. Indeed, feminism has been charged with being a product of "decadent Western capitalism;
and that it is based on a foreign culture of no relevance to women in the 'third world."
a. Nationalism in India cannot be separated from religion. Hindu nationalism is emerging as the new
nationalism of the Indian state, and the most vociferous exponent of this new nationalism is the
Hindu Right. (basically, one people = one nation; religion as basis of identity) Its agenda for
women fits into its overall ideology of creating a Hindu rule - and is essentialist.
 b. For this reason, Indian feminists have had to project themselves as nationalist and anti-Western to
establish a distinctively Indian feminism: the "authentic Indian feminist subject." The search for
the authentic subject has been a cornerstone of feminist politics' search for legitimacy in the
contemporary Indian context. This has been constructed on essentialist notions of the West and
Western feminism.
c. The Indian woman as victim came to be equated with the nationalist project - the idea that women
in India were different from Western women. In contrast to the agency implicitly ascribed to the
Western woman, the Indian woman was represented as a suffering subject, impoverished and
violated. The victim image was the message conveyed to women in India, as well as to
international audiences, in order to secure legitimacy for Indian feminists.
- If a more progressive movement for women's rights is to develop within the arena of human rights, it is
necessary to renegotiate and refashion new ways of legally and politically intervening and articulating
women's concerns. This requires at least three major theoretical and practical shifts.
a. It is important to recognize and center the peripheral subject and her multiple historically,
culturally, and socially determined subjectivities instead of falling back on universalized
assumptions about women's realities and their subject position - if any significant normative shifts
or disruptions are to be brought about. (focus on periphery will result to normative disruption)
b. In recognizing and working with the peripheral subject, there is a need to focus on moments of
resistance to ensure against simply producing a narrative that describes the multiple ways in which
even women on the periphery are subjugated.
c. Examine the implications of non-state actors emerging as significant contenders to state power.
Feminists and human rights scholars must acknowledge and engage the new arenas of power that
manifest themselves in today's globalized world.

b. General Recommendation No. 19 – Ville Magbuhos

- Gender-based violence is a form of discrimination that seriously inhibits women’s ability to enjoy rights
and freedoms on a basis of equality with men.
- The definition of discrimination against women includes gender-based violence. It is defined as “violence
that is directed against a woman because she is a woman or that affects women disproportionately.” It
includes acts that inflict physical, mental or sexual harm of suffering, threats of such acts, coercion and
other deprivations of liberty. Gender-based violence may breach specific provisions of the Convention,
regardless of whether those provisions expressly mention violence.
- Gender-based violence, which impairs or nullifies the enjoyment by women of human rights and
fundamental freedoms under general international law or under human rights conventions, is discrimination
within the meaning of article 1 of the Convention. These rights and freedoms include: (asked during class
recitation)
(a) The right to life;
(b) The right not to be subject to torture or to cruel, inhuman or degrading treatment or punishment;
(c) The right to equal protection according to humanitarian norms in time of international or internal armed
conflict;
(d) The right to liberty and security of person;
(e) The right to equal protection under the law;
(f) The right to equality in the family;
(g) The right to the highest standard attainable of physical and mental health;
(h) The right to just and favourable conditions of work.

- The Convention applies to violence perpetrated by public authorities. Such acts of violence may breach that
State's obligations under general international human rights law and under other conventions, in addition to
breaching this Convention.
 - HOWEVER, discrimination under the Convention is not restricted to action by or on behalf of the
government. States may also be liable for private acts if they fail to act with due diligence to prevent
violations of rights or to investigate and punish acts of violence, and for providing compensation.
(emphasized during class discussion)
(PS. I placed the counterpart CEDAW Provision for easier reference.)
CEDAW PROVISION
Articles 2 and 3
Articles 2(f), 5 and 10(c)
Article 2 (f) To take all appropriate measures, including
legislation, to modify or abolish existing laws, regulations,
customs and practices which constitute discrimination
against women;
Article 5 States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of
men and women, with a view to achieving the elimination
of prejudices and customary and all other practices which
are based on the idea of the inferiority or the superiority of
either of the sexes or on stereotyped roles for men and
women;
(b) To ensure that family education includes a proper
understanding of maternity as a social function and the
recognition of the common responsibility of men and
women in the upbringing and development of their
children, it being understood that the interest of the
children is the primordial consideration in all cases.
Article 10 States Parties shall take all appropriate measures
to eliminate discrimination against women in order to
ensure to them equal rights with men in the field of
education and in particular to ensure, on a basis of equality
of men and women:
(c) The elimination of any stereotyped concept of the roles
of men and women at all levels and in all forms of
education by encouraging coeducation and other types of
education which will help to achieve this aim and, in
particular, by the revision of textbooks and school
programmes and the adaptation of teaching methods;
Article 6
States Parties shall take all appropriate measures, including
legislation, to suppress all forms of traffic in women and
exploitation of prostitution of women.
GENERAL RECOMMENDATION 19
COMMENT
Articles 2 and 3 establish a comprehensive
obligation to eliminate discrimination in all its
forms in addition to the specific obligations under
articles 5-16.
Traditional attitudes by which women are regarded
as subordinate to men or as having stereotyped roles
perpetuate widespread practices involving violence
or coercion, such as family violence and abuse,
forced marriage, dowry deaths, acid attacks and
female circumcision. Such prejudices and practices
may justify gender-based violence as a form of
protection or control of women. The effect of such
violence on the physical and mental integrity of
women is to deprive them the equal enjoyment,
exercise and knowledge of human rights and
fundamental freedoms. While this comment
addresses mainly actual or threatened violence the
underlying consequences of these forms of gender-
based violence help to maintain women in
subordinate roles and contribute to the low level of
political participation and to their lower level of
education, skills and work opportunities.
These attitudes also contribute to the propagation of
pornography and the depiction and other
commercial exploitation of women as sexual
objects, rather than as individuals. This in turn
contributes to gender-based violence.
Poverty and unemployment increase opportunities
for trafficking in women. In addition to established
forms of trafficking there are new forms of sexual
exploitation, such as sex tourism, the recruitment of
domestic labour from developing countries to work

Article 11
1. States Parties shall take all appropriate measures to
eliminate discrimination against women in the field of
employment in order to ensure, on a basis of equality of
men and women, the same rights, in particular:
(a) The right to work as an inalienable right of all human
beings;
(b) The right to the same employment opportunities,
including the application of the same criteria for selection
in matters of employment;
(c) The right to free choice of profession and employment,
the right to promotion, job security and all benefits and
conditions of service and the right to receive vocational
training and retraining, including apprenticeships,
advanced vocational training and recurrent training;
(d) The right to equal remuneration, including benefits, and
to equal treatment in respect of work of equal value, as
well as equality of treatment in the evaluation of the
quality of work;
(e) The right to social security, particularly in cases of
retirement, unemployment, sickness, invalidity and old age
and other incapacity to work, as well as the right to paid
leave;
(f) The right to protection of health and to safety in
working conditions, including the safeguarding of the
function of reproduction.
Article 12
1. States Parties shall take all appropriate measures to
eliminate discrimination against women in the field of
health care in order to ensure, on a basis of equality of men
and women, access to health care services, including those
related to family planning.
in developed countries and organized marriages
between women from developing countries and
foreign nationals. These practices are incompatible
with the equal enjoyment of rights by women and
with respect for their rights and dignity. They put
women at special risk of violence and abuse.
Poverty and unemployment force many women,
including young girls, into prostitution. Prostitutes
are especially vulnerable to violence because their
status, which may be unlawful, tends to marginalize
them. They need the equal protection of laws
against rape and other forms of violence.
Wars, armed conflicts and the occupation of
territories often lead to increased prostitution,
trafficking in women and sexual assault of women,
which require specific protective and punitive
measures.
Equality in employment can be seriously impaired
when women are subjected to gender-specific
violence, such as sexual harassment in the
workplace.
Sexual harassment includes such unwelcome
sexually determined behaviour as physical contact
and advances, sexually coloured remarks, showing
pornography and sexual demand, whether by words
or actions. Such conduct can be humiliating and
may constitute a health and safety problem; it is
discriminatory when the woman has reasonable
grounds to believe that her objection would
disadvantage her in connection with her
employment, including recruitment or promotion, or
when it creates a hostile working environment.
States parties are required by article 12 to take
measures to ensure equal access to health care.
Violence against women puts their health and lives
at risk.
In some States there are traditional practices
2. Notwithstanding the provisions of paragraph I of this
article, States Parties shall ensure to women appropriate
services in connection with pregnancy, confinement and
the post-natal period, granting free services where
necessary, as well as adequate nutrition during pregnancy
and lactation.
Article 14
States Parties shall take into account the particular
problems faced by rural women and the significant roles
which rural women play in the economic survival of their
families, including their work in the non-monetized sectors
of the economy, and shall take all appropriate measures to
ensure the application of the provisions of the present
Convention to women in rural areas.
Article 16 (and 5)
States Parties shall take all appropriate measures to
eliminate discrimination against women in all matters
relating to marriage and family relations and in particular
shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter
into marriage only with their free and full consent;
(c) The same rights and responsibilities during marriage
and at its dissolution;
(d) The same rights and responsibilities as parents,
irrespective of their marital status, in matters relating to
their children; in all cases the interests of the children shall
be paramount;
(e) The same rights to decide freely and responsibly on the
number and spacing of their children and to have access to
the information, education and means to enable them to
exercise these rights;
(f) The same rights and responsibilities with regard to
guardianship, wardship, trusteeship and adoption of
children, or similar institutions where these concepts exist
in national legislation; in all cases the interests of the
children shall be paramount;
(g) The same personal rights as husband and wife,
including the right to choose a family name, a profession
and an occupation;
(h) The same rights for both spouses in respect of the
ownership, acquisition, management, administration,
enjoyment and disposition of property, whether free of
charge or for a valuable consideration.
SPECIFIC RECOMMENDATIONS:
In light of these comments, the Committee on the Elimination of Discrimination against Women
recommends that:
(a) States parties should take appropriate and effective measures to overcome all forms of gender-
based violence, whether by public or private act;
perpetuated by culture and tradition that are harmful
to the health of women and children. These
practices include dietary restrictions for pregnant
women, preference for male children and female
circumcision or genital mutilation.
Rural women are at risk of gender-based violence
because traditional attitudes regarding the
subordinate role of women that persist in many
rural communities. Girls from rural communities
are at special risk of violence and sexual
exploitation when they leave the rural community to
seek employment in towns.
Compulsory sterilization or abortion adversely
affects women's physical and mental health, and
infringes the right of women to decide on the
number and spacing of their children.
Family violence is one of the most insidious forms
of violence against women. It is prevalent in all
societies. Within family relationships women of all
ages are subjected to violence of all kinds, including
battering, rape, other forms of sexual assault,
mental and other forms of violence, which are
perpetuated by traditional attitudes. Lack of
economic independence forces many women to stay
in violent relationships. The abrogation of their
family responsibilities by men can be a form of
violence, and coercion. These forms of violence put
women's health at risk and impair their ability to
participate in family life and public life on a basis
of equality.
 (b) States parties should ensure that laws against family violence and abuse, rape, sexual assault and
other gender-based violence give adequate protection to all women, and respect their integrity and
dignity. Appropriate protective and support services should be provided for victims. Gender-
sensitive training of judicial and law enforcement officers and other public officials is essential for
the effective implementation of the Convention;
(c) States parties should encourage the compilation of statistics and research on the extent, causes and
effects of violence, and on the effectiveness of measures to prevent and deal with violence;
(d) Effective measures should be taken to ensure that the media respect and promote respect for women;
(e) States parties in their reports should identify the nature and extent of attitudes, customs and practices
that perpetuate violence against women and the kinds of violence that result. They should report on the
measures that they have undertaken to overcome violence and the effect of those measures;
(f) Effective measures should be taken to overcome these attitudes and practices. States should introduce
education and public information programmes to help eliminate prejudices that hinder women's equality;
(g) Specific preventive and punitive measures are necessary to overcome trafficking and sexual
exploitation;
(h) States parties in their reports should describe the extent of all these problems and the measures,
including penal provisions, preventive and rehabilitation measures that have been taken to protect women
engaged in prostitution or subject to trafficking and other forms of sexual exploitation. The effectiveness of
these measures should also be described;
(i) Effective complaints procedures and remedies, including compensation, should be provided;
(j) States parties should include in their reports information on sexual harassment, and on measures to
protect women from sexual harassment and other forms of violence of coercion in the workplace;
(k) States parties should establish or support services for victims of family violence, rape, sexual
assault and other forms of gender-based violence, including refugees, specially trained health
workers, rehabilitation and counselling;
(l) States parties should take measures to overcome such practices and should take account of the
Committee's recommendation on female circumcision (recommendation No. 14) in reporting on health
issues;
(m) States parties should ensure that measures are taken to prevent coercion in regard to fertility and
reproduction, and to ensure that women are not forced to seek unsafe medical procedures such as illegal
abortion because of lack of appropriate services in regard to fertility control;
(n) States parties in their reports should state the extent of these problems and should indicate the measures
that have been taken and their effect;
(o) States parties should ensure that services for victims of violence are accessible to rural women and that
where necessary special services are provided to isolated communities;
(p) Measures to protect them from violence should include training and employment opportunities and the
monitoring of the employment conditions of domestic workers;
(q) States parties should report on the risks to rural women, the extent and nature of violence and abuse to
which they are subject, their need for and access to support and other services and the effectiveness of
measures to overcome violence;
(r) Measures that are necessary to overcome family violence should include:
(i) Criminal penalties where necessary and civil remedies in cases of domestic violence;
(ii) Legislation to remove the defence of honour in regard to the assault or murder of a
female family member;
(iii) Services to ensure the safety and security of victims of family violence, including
refugees, counselling and rehabilitation programmes;
(iv) Rehabilitation programmes for perpetrators of domestic violence;
(v) Support services for families where incest or sexual abuse has occurred;
 (s) States parties should report on the extent of domestic violence and sexual abuse, and on the
preventive, punitive and remedial measures that have been taken;
(t) States parties should take all legal and other measures that are necessary to provide effective protection
of women against gender-based violence, including, inter alia:
(i) Effective legal measures, including penal sanctions, civil remedies and compensatory
provisions to protect women against all kinds of violence, including inter alia violence and abuse
in the family, sexual assault and sexual harassment in the workplace;
(ii) Preventive measures, including public information and education programmes to change
attitudes concerning the roles and status of men and women;
(iii) Protective measures, including refugees, counselling, rehabilitation and support services for
women who are the victims of violence or who are at risk of violence;
(u) States parties should report on all forms of gender-based violence, and such reports should include all
available data on the incidence of each form of violence and on the effects of such violence on the women
who are victims;
(v) The reports of States parties should include information on the legal, preventive and protective
measures that have been taken to overcome violence against women, and on the effectiveness of such
measures.

c. Garcia v. Drilon, G.R. No. 179267, June 25, 2013 – Ville Magbuhos
In this case, a husband assails the constitutionality of RA 9262 as being violative of the equal protection and
due process clauses, and an undue delegation of judicial power to barangay officials.

BRIEF FACTS:
- On March 23, 2006, private respondent Rosalie Jaype-Garcia filed a verified petition for herself and in
behalf of her minor children before the RTC of Bacolod City for the issuance of Temporary Protection
Order against her husband, petitioner Jesus Garcia, pursuant to RA 9262. She claimed to be victim of
physical abuse; emotional, psychological, and economic violence as a result of marital infidelity on the part
of petitioner, with threats of deprivation of custody of her children and of financial support.
- Respondent Rosalie claimed that her husband was dominant, controlling, and demanded absolute
obedience from his wife and children. He forbade her to pray, and deliberately isolated her from
her friends. He trivialized her ambitions when she took up law and prevailed upon her to just stay
at home.
- Petitioner Jesus had an affair with a bank manager who was also the godmother of their sons.
- Petitioner Jesus’ infidelity spawned a series of fights that left respondent Rosalie physically and
emotionally wounded.
- Respondent Rosalie attempted suicide by cutting her wrist, and her son found her bleeding on the
floor. Instead of taking her to the hospital, he just fled the house. She was hospitalized for about 7
days but petitioner Jesus never bothered to visit nor apologized or showed pity on her.
- The RTC issued a TPO on March 24, 2006 effective for 30 days after finding reasonable ground to believe
that an imminent danger of violence against Rosalie and her children exists or is about to recur.

ISSUES:
- WON RA 9262 violates the guaranty of equal protection of laws. NO.
- WON violates the due process clause of the Constitution. NO.
- WON there is undue delegation of judicial power to barangay officials. NO.

HELD:
I. INTENT OF CONGRESS IN ENACTING RA 9262
 - Petitioner claims that since R.A. 9262 is intended to prevent and criminalize spousal and child abuse, which
could very well be committed by either the husband or the wife, gender alone is not enough basis to deprive
the husband/father of the remedies under the law.
- A perusal of the deliberations of Congress on Senate Bill No. 2723, which became R.A. 9262, reveals that
while the sponsor, Senator Loi Estrada, had originally proposed what she called a “synthesized measure” –
an amalgamation of two measures, namely, the “Anti-Domestic Violence Act” and the “Anti- Abuse of
Women in Intimate Relationships Act” – providing protection to “all family members, leaving no one in
isolation” but at the same time giving special attention to women as the “usual victims” of violence
and abuse, nonetheless, it was eventually agreed that men be denied protection under the same
measure.
- It is settled that courts are not concerned with the wisdom, justice, policy, or expediency of a statute.
Hence, we dare not venture into the real motivations and wisdom of the members of Congress in limiting
the protection against violence and abuse under R.A. 9262 to women and children only. No proper
challenge on said grounds may be entertained in this proceeding.
II. RA 9262 DOES NOT VIOLATE EQUAL PROTECTION OF LAWS.
- RA 9262 rests on substantial distinctions.
- The unequal power relationship between women and men; the fact that women are more likely
than men to be victims of violence; and the widespread gender bias and prejudice against women
all make for real differences justifying the classification under the law.
- According to PCW, violence against women is deemed closely linked with unequal power
relationship between women and men otherwise known as “gender-based violence”. 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, men’s companions and supporters, and take
on subordinate roles in society. This perception leads men gaining more power over women. With
power comes the need to control to retain that power. And VAW is a form of men’s expression of
controlling women to retain power.
- According to UN, “violence against women is a manifestation of historically unequal power
relations between men and women, which have led to domination over and discrimination against
women by men and to the prevention of full advancement of women, and that violence against
women is one of the crucial social mechanisms by which women are forced into subordinate
positions, compared with men.”
- Women are the “usual” and “most likely” victims of violence based on official statistics.
- Gender bias and prejudices: from the initial report to the police through prosecution, trial, and
sentencing, crimes against women are often treated differently and less seriously than other
crimes.
- Double victimization: according to US Senator Joseph Biden, the widespread gender bias in the
US has institutionalized historic prejudices against victims of rape or domestic violence,
subjecting them to double victimization-- first at the hands of the offender and then of the legal
system.
- The enactment of RA 9262 aims to address brought about by biases and prejudices against
women. Addressing or correcting discrimination through specific measures focused on women
does not discriminate against men. Hence, the petitioner’s contention that RA 9262 is
discriminatory and that it is “anti-male” law deserves scant consideration.
- The classification is germane to the purpose of the law
- The classification is not limited to existing conditions only, and apply equally to all members
III. RA 9262 does not violate due process of the law
- Petitioner bewails the disregard of R.A. 9262, specifically in the issuance of POs, of all protections
afforded by the due process clause of the Constitution. Says he: “On the basis of unsubstantiated
allegations, and practically no opportunity to respond, the husband is stripped of family, property, guns,
 money, children, job, future employment and reputation, all in a matter of seconds, without an inkling of
what happened.”
- A protection order is an order issued to prevent further acts of violence against women and their children,
their family or household members, and to grant other necessary reliefs. Its purpose is to safeguard the
offended parties from further harm, minimize any disruption in their daily life and facilitate the opportunity
and ability to regain control of their life.
- The grant of a TPO ex parte cannot, therefore, be challenged as violative of the right to due process. Just
like a writ of preliminary attachment which is issued without notice and hearing because the time in which
the hearing will take could be enough to enable the defendant to abscond or dispose of his property, in the
same way, the victim of VAWC may already have suffered harrowing experiences in the hands of her
tormentor, and possibly even death, if notice and hearing were required before such acts could be
prevented. It is a constitutional commonplace that the ordinary requirements of procedural due process
must yield to the necessities of protecting vital public interests,103 among which is protection of women
and children from violence and threats to their personal safety and security.
IV. The non-referral of a VAWC Case to a mediator is justified.
- Violence is not a subject for compromise.
V. There is no undue delegation of judicial power to barangay officials.
- As clearly delimited by the law, the BPO issued by the Punong Barangay or, in his unavailability, by any
available Barangay Kagawad, merely orders the perpetrator to desist from (a) causing physical harm to the
woman or her child; and (2) threatening to cause the woman or her child physical harm. Such function of
the Punong Barangay is, thus, purely executive in nature, in pursuance of his duty under the Local
Government Code to “enforce all laws and ordinances,” and to “maintain public order in the barangay”
- We have held that “(t)he mere fact that an officer is required by law to inquire into the existence of certain
facts and to apply the law thereto in order to determine what his official conduct shall be and the fact that
these acts may affect private rights do not constitute an exercise of judicial powers.”

d. Ateneo Rules and RA 7877 – Abbey Perez

RA 7877

Environment Perpetrator When is sexual harassment committed Committed against

Covered whom

work-related or employer, employee (who
employment had authority, influence,
environment moral ascendency to another
employee), manager,
supervisor, agent of the
employer, or any other
person who, having authority,
influence or moral
ascendancy over another
(1) The sexual favor is made as a condition 1. Employee or
in the hiring, re-employment or continued subordinate
employment, or in granting favorable
compensation, terms of conditions,
promotions, or privileges; or the refusal to
grant the sexual favor results in limiting,
segregating or classifying the employee
which in any way would discriminate,
deprive or diminish employment
opportunities or otherwise adversely affect
said employee;

(2) The above acts would impair the

employee's rights or privileges under
existing labor laws; or

(3) The above acts would result in an

intimidating, hostile, or offensive
environment for the employee.
education or teacher, When the sexual favor is made a condition 1. one who is
training instructor, professor, coach, to the giving of a passing grade, or the under the care,
environment trainor, or any other person granting of honors and scholarships, or the custody or
who, having authority, payment of a stipend, allowance or other supervision of the
influence or moral benefits, privileges, or consideration; or offender;
ascendancy over another 2. one whose
When the sexual advances result in an education, training,
intimidating, hostile or offensive apprenticeship or
environment for the student, trainee or tutorship is entrusted
apprentice. to the offender
- Problem with this law: doesn’t address sexual harassment committed when no moral
ascendency/influence over the victim is involved
Ateneo Rules
- Definition of sexual harassment is more or less similar
- Note: victim need not necessarily be a student. It can be an applicant
- Note: perpetrator need not be employee of the school, it can be an applicant employee
- Place of commission: need not be inside the school premises and class hours

e. PEOPLE V. AMARELA, G.R. No. 212193, Feb. 15, 2017 – Beatrice Melivo

Doctrine: By abandoning the “women’s honor” or “Maria Clara” doctrine, we can evaluate the testimony of a
private complainant of rape without gender bias or cultural misconception. Thus, in order to affirm a conviction for
rape, we must believe beyond reasonable doubt the version of events narrated by the victim.
Class Discussion: Atty. Nayie does not agree with this ruling. While the abandonment of the women’s
honor doctrine may seem like a step forward because it addresses the improper stereotypes of what a
Filipina woman should be, the ruling actually makes it more difficult for women to successfully prosecute
aggressors for the crime of rape. The nature of the crime of rape being that it is usually done away from the
public eye, the woman victim more often than not only has her testimony and no other witnesses to prove
her case.
FACTS:
● AAA was watching a beauty contest in the barangay basketball court. On her way to the comfort room, she
was allegedly grabbed by accused Amarela who pulled her under the stage of the daycare center, where he
proceeded to rape the victim. AAA shouted for help and 3 men came to her rescue, while Amarela fled.
● She was brought by the 3 men to a hut. Sensing that they too had bad intentions with her, AAA fled to a
neighboring house. At the Racho’s residence, Neneng Racho asked her son, herein accused Racho, to bring
AAA to her aunt’s house. Racho brought the victim to a shanty and raped her. AAA went home alone.
● Both of the accused denied the allegations. The RTC found AAA’s testimony to be clear, positive and
straightforward and convicted the accused of rape. The CA upheld the RTC’s ruling. Amarela and Racho
appealed to the SC raising that there were inconsistencies in AAA’s statements: (1) the version in her
affidavit-complaint differs from her testimony in court, (2) AAA could not have easily identified Amarela
because the crime scene was dark and she claims to have seen him for the first time, (3) her testimony lacks
material details on how she was brought under the stage and (4) the medical findings do not corroborate
physical injuries and are inconclusive of any signs of forced entry.

ISSUE: WON AAA’s testimony is sufficient to convict Amarela and Racho of rape?

HELD: No. Her testimony was not able to establish that rape in fact occurred beyond reasonable doubt.
RATIO:
The “women’s honor” doctrine suggests that “no young Filipina of decent repute would publicly admit that she
has been abused, unless that is the truth, for it is her natural instinct to protect her honor.” Thus, where the victim
survives to tell her story of sexual depravation, rape cases are solely decide based on the credibility of the testimony
of the private complainant.

However, this misconception, particularly in this day and age, not only puts the accused at an unfair disadvantage,
but creates a travesty of justice. While the factual setting back then would have been appropriate to say it is natural
for a woman to be reluctant in disclosing a sexual assault; today, we simply cannot be stuck to the Maria Clara
stereotype of a demure and reserved Filipino woman. The Filipina woman has, over the years, transformed into a
strong and confidently intelligent and beautiful person, willing to fight for her rights.

Reasonable doubt lingers and the Court is not fully convinced that AAA speaks the truth. If the Court is to convict
based solely on the lone testimony of the victim, her testimony must be clear, straightforward, convincing and
consistent with human experience. The prosecution miserably failed to present a clear story of what transpired. Here,
we cannot ascertain what happened based on the lone testimony of AAA.

f. People v. Marquez, G. R. Nos. 225642-43, Feb. 2, 2018 – Carlo Hirang

Facts:
At around 9:30 PM of September 29, 2008, AAA was having a drinking session with appellant(Marquez) and
Meneses (who was 14yrs old at that time thus, he cannot be prosecuted) in the appellant’s house. After some time,
she felt dizzy so she took a nap. She was roused from her sleep by Meneses who was mounting her and inserting his
penis into her vagina. She felt pain but could only cry in silence for fear that the knife nearby would be used to kill
her if she resist. While still feeling dizzy, appellant approached her and asked if he could also have sex with her.
When she did not reply, appellant mounted and raped her. The following day, AAA reported the incident to the
police and underwent a medical examination and the results revealed two lacerations in her hymen. The RTC
clarified that appellant is charged with rape through sexual intercourse under paragraph 1, Article 266-A of the RPC
based on the allegations in the Information and not with rape by sexual assault under paragraph 2 of the same
provision of the law. Appellant appealed the RTC’s decision arguing that discrepancies in sworn statement of AAA
and her testimony diminished her credibility. The CA ruled that discrepancies between the affidavit and testimony of
AAA did not impair her credibility; the CA held that the rape victim AAA is not expected to make an errorless
recollection of the incident, so humiliating and painful that she might even try to obliterate it from her memory. CA
therefore affirmed the decision of the RTC with modification.

Issue:

Whether or not the Trial Court gravely erred in finding the accused-appellant guilty beyond reasonable doubt of the
crime charged?

Held:

Yes. Force as an element of rape, must be sufficient to consummate the purposes which the accused had in mind. In
this case, the prosecution established that appellant was 18 year old man who had sexual intercourse with AAA, a
woman who was 24 years old during the incident. However, there was no evidence to prove that appellant used
force, threat, or intimidation during his sexual congress with AAA. There was no evidence that the knife was placed
nearby precisely to threaten or intimidate her. Appellant went on top of AAA without saying anything or uttering
threatening words. For her part, AAA neither intimated any form of resistance nor expressed any word or rejection
to appellant’s advances. Three things are thus clear from the testimony of AAA: first, appellant never employed
force, threat, or intimidation against her, second, AAA never gave the slightest hint of rejection when appellant
asked her to have sex with him, and third, appellant did not act with force since he readily desisted when AAA felt
slightest pain and tried to move during their sexual congress. AAA could have resisted right from the start. But she
did not, and chose not to utter a word or make any sign of rejection of appellant’s sexual advances. The fact that
AAA was tipsy or drunk at that time cannot be held against the appellant. Thus, as usual, she voluntarily went with
them to the house of appellant and chatted with them while drinking liquor, the prosecution failed to show that she
was deprived of her will power. It has been ruled repeatedly that in criminal litigation, the evidence of the
prosecution must stand or fall on its own merits and cannot draw strength from weakness of the defense. Thus, the
failure of the prosecution to discharge its burden of evidence in this case entitles appellant to an acquittal.

Session 7

a. Legislating Lust: A Comparative Analysis of Prostitution Legal Frameworks in Western and Central Europe
By Bethany Murray – Abby Jamias

I. Defining Sex Work and Legal Approaches Concerning It

● Prostitution - The act or practice of engaging in sexual activity for money or its equivalent;
commercialized sex (Black’s Law Dictionary).
● Sex Work - a more inclusive term that can imply a broader spectrum of work within the sex industry.
● Prohibition - one type of criminalized jurisdiction. In prohibitionist jurisdictions all forms of prostitution
are illegal. (ex. US)
● Abolition - another type of criminalized jurisdiction. In abolitionist jurisdictions the sale of sexual services
is legal, but soliciting these services or operating any kind of third party services (such as a brothel) are
banned. (ex. Sweden)
● Decriminalization - repeal of all special criminal legislation concerning sex work. Some specific activities
involved in sex work can still be prosecuted under generally applicable laws. This means the state does not
officially condone prostitution, but it also does not prosecute against it unless there are other law violations
involved. (ex. Poland and Czech Republic)
● Legalization (also known as regulationist) - it pairs complete decriminalization with legal provisions
regulating one or more aspects of sex work/business/industry. These legal provisions are implemented
through labor laws, vocational training, zoning laws, compulsory medical exams, licensing, etc. (ex.
Netherlands and Germany)

II. Legalization
● Instead of treating sex work as inherently violence against women, “Victimization, exploitation, agency,
job satisfaction, self-esteem, and other dimensions should be treated as variables (not constants) that differ
between types of sex work, geographical locations, and other structural conditions.” This paradigm
emphasizes the diversity of experiences within the sex industry and deconstructs assumptions about a broad
intrinsic nature to commercial sex. Weitzer advocates for a “two-track policy”. This two-track policy would
target resources to eliminate street prostitution and decriminalize indoor prostitution while maintaining
regulations on it, creating two-tiers of prostitution. Outdoor prostitution must be considered as a public
nuisance under the law and aims for its reduction because street prostitution is where there is commonly
more drug use and exploitation.

A. The Netherlands

● Netherlands has regulated and unregulated prostitution creating two tiers in the domestic sex industry: legal
and illegal. In 2000, the Netherlands lifted the ban on brothels. Prior to this, prostitution was technically
never a criminal offence, but third party involvement (brothels, sex clubs, and escort services) was
forbidden, all of which are now legal.
 ○ The Dutch government lifted the ban in an attempt to destigmatize prostitutes and increase
resources targeting the prevention of involuntary prostitution. This resulted in the federal and local
government agencies taking on the responsibility of regulating brothels and assuring that licensing
requirements were met.
○ The way in which licenses were distributed to brothels created a number of problems for both the
government and sex workers. It was left to local authorities to devise and implement policies
specifically for their respective areas. So there is considerable inconsistency in the way licenses
● ○ are
Consequences issued
■the
for and
the prostitution
sex workers: is regulated
primarily throughout
negative the
because Netherlands.
●
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at
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zoning timeThis
for were
of
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license
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especially
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at
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disapprovingly.
registration.
would infringe According
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from
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authorities
past
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in
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regulation
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that
to
change
these
the
few
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third
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several
prospects
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stipulation individuals
their
the
multiplicity
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disconnect between
time
purpose,
the
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was
would
visible
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owners. was
undocumented
well
not as
want to
their
legalization.
the
were
brothel
Netherlands
own
owners
it
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can
way,
Dutch
that
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wasis
unsuccessful
billhave sex
for
policefor
years,
infamous
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given who
owners
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businesses.
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of to
easier
individually
federal
workers’
the
prostitution
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met
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criminalization
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pending
that
at
provided
sex
indicates
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criminalization
to Dutch
of the
for
person
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restrict
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may
example
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brothels any
keep
zoning were
licenses
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in
independently
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2007 is
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in
industry.
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security
in been
there
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able
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restrictions
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controversy
invaded.
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businesses.
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on
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human
(RLD)
response
atbeato
on
imposes
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registration
would
most awhen
sex illegal
their
hold
regulating
commented
in
national
enforcement.
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prevalence
who
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previously
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also
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able as
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neighborhoods
not
as
to even
trafficking.”
ato sex
of and
level
aregister
part
of
registration
Senate.The
licenses
businesses,
must
because
fear
stigma
illegal
for
opportunity
and
sex
workers,
adverse
groups of
how
even
inof over
sex
regulate
prostitution:
on
need
“temporary
prostitution
Amsterdam.
human the
have
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proof is
workers
its
register
all
government
they
losing
it
effects.
independencethe
without
were
meaning
business.
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workers,
for
shrinking
register
trafficking refuse
of
increased
Dutch
and
growing first
there
monopolies
prostitution
sex
would
advocates,
may
after
sex per
for
with
anonymity
affect
over
beingwould se
workers.
industry
because
distributed,
brothel
commercial
inconsistency
or of
wrongdoing, theowners
specifically
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withdraw
considerably,
government
organized
increasingly
afound
athe
claimed
have because
andpolicy
specific
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been
haveThe
the
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shift
RLD
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brothel
future
decade
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out) ita
is
bill
more
felt
wouldjob
as
of
to
● How registration would be used to “weed out” the most vulnerable women working: not being able to
speak Dutch; signs of trafficking; drug addiction; and mental impairment.
○ Undocumented migrants were named as one of the most vulnerable groups. However,
criminalizing them for being unregistered could potentially push them further underground and
avoid social services more.
○ There was a significant emphasis on trafficking prevention that came up in regard to registration,
the closing of the red light district of Utrecht, and possible future modifications to prostitution
policy.
○ Over the past few years, there has been a lot more information coming to the government’s
attention regarding trafficking. This has led to a political shift toward placing more restrictions on
the sex industry. All of these intersecting factors led to a conflation between trafficking and sex
work in the Dutch national discourse.

B. Germany

● With the approval of the Prostitution Act of 2002, Germany successfully repealed the immorality
assumption from its law concerning prostitution.
○ Before 2002, neither prostitution or owning a brothel was illegal but, since it was considered an
immoral activity, prostitution was subject to a host of restrictions and prostitutes had virtually no
rights.
○ This was a federal act; meaning the act did not need the approval of states. However, since it did
not require the approval of the states, the states still have regulatory power to create zones of
exclusion for prostitution.
○ The government’s professed motivations for passing the act were to improve the legal and social
status of sex workers, improve working conditions, facilitate workers exiting the sex industry, and
decrease organized crime.
○ Sex workers have the right to employment contracts, are covered under the labor laws, have the
ability to take clients and brothel owners to court, and they have the right to join statutory health
● One of insurance.
○ political
the women interviewed initGermany
●
current
○ There
discourse
was
they
Also,
○ 2002
Recent
such
All
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was
awould
good
she
suggesting
as
three
continued in feltaidea
turned
be
that
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of
in
lot
that
the all
sensationalized the
of
into
because
afraid
Spiegel
sex
itstigmatizationthecountry
political
discussion
to report is
would
suggestions
prostitutes
media
and
workers the
upand are ofthat
reactionary.
discussion
about
anything
victims
reports the
documentary
interviewed
discrimination
currently
inabout
trafficking.
result clients
forrevealed
fear
Swedish
concerning
Sex
consistently
against
works
of–adopting
She
not
model
aMade
lot
the did
of
sex
said
sex
in
willing
punishment. notthe
the
and anthe
iningrained
industry
Germany.
sex
Swedish
think
to help industry
model
adopting
trafficking
reinforce
dominant
stigma
isconservative
workers, and
explained
andvictims
the Swedish
Tabitha’s
trafficking
inregulation
German
backlash
the media stems
coverage
that
thesentiments,
dominantthe
model
because
discourse
insociety.
from the
Another
Act of
resigns more
issue
prostitution orthan
was Tabitha
prostitution
increasing
workers, or the zones
create
risk
employee of tohelps
of
the anyone.
brought
exclusion.
requirements
outskirts
victimization.
contracts. ofwhen
Some
of
There discussing
states
registration
towns
is no andin
with
uniform the
Germany conservative
police.
cities have
This
where
policy for sentiments
refused
issue
infrastructure
licensure tofor
because,
in arising
implement
brothels, the
in some is ofhurts
regards
Prostitution
areas,
taxation to
this
lacking,
sex

III. Decriminalization

● An important distinction between legalization and decriminalization is under decriminalized jurisdictions,

the law does not specifically make prostitution legal or illegal. Certain restrictions on aspects of
prostitution, such as third party involvement, can be in the legal code but prostitution itself is left
ambiguous. Sex workers’ rights advocates usually prefer decriminalization to legalization because such
legal frameworks typically do not have forced registration or mandatory health checks.

A. Czech Republic

● The Czech Republic does not have any comprehensive legislation concerning prostitution.
● This means prostitution is not recognized under the law, therefore it is not considered a form of labor and is
excluded from the Trade Licensing Act.
○ However, certain activities are explicitly prohibited under the law, such as third party
involvement. Brothels are not allowed to operate. Another difference from the Netherlands and
Germany is the lack of a visible sex work pride movement. There have been unsuccessful efforts
to implement a comprehensive legalized framework for prostitution in the Czech Republic over
the past 10 years. The Proposed Act on Regulation of Prostitution (PARP) would implement a
 licensing system and aim to cut down outdoor prostitution by incorporating strict zoning laws, all
● closely
“would modeled after the Netherlands.
The
A PARP
○
clear
commonest has
majority
“hidden
This
An
sector ofnot
been
reason
However, of abe
sex
challenges
advocate
possible aworkers
problem.”
controversial
prostitution
for
when the scene.”
disagreement
asked
aexpressed
prostitution
creates problem
problems proposal,
surveyed
Street
was
about
effectiveness
as
that concern
well.
because
may the
health
the
occur. of
that met
(47.5%)
need with opposition
disagreed
for
checks anonymity.
or
Weitzer’s
the
vulnerabilityhealth
proposed
prostitution isofalsowith from
the
insurance,
two-track
amendment
illegal,
workers sex workers
licensing
most
would
which
greatly
system sex
push in
portiontheof
workers
more
contributes
increases.
of prostitutionCzech
the Republic.
bill
reported
toworkers
the andthese
into the
unregulated
and points to
● In the Czech Republic, much like the two previous case studies, laws can be made in local areas that
prohibit prostitution and require a permit. Sex workers usually had worse relations with municipality police
rather than state policy. It is believed that legalization could lead to the repeal of such prohibitions and lead
to better relations between sex workers and police.

B. Poland

● Poland has a decriminalized legal framework for prostitution and prohibits third party involvement. The
Polish Penal Code only mentions prostitution in regards to brothels. Uneer Article 204, the sale of sexual
service without third party involvement is not criminalized, nor is the purchase.
● When asked how these vague policies play out in actuality, an employee from La Strada in Poland
explained there are very limited resources available to sex workers because it is considered immoral within
the context of the very Catholic Polish society.
● There is also limited access to certain health services due to the influence of the Catholic Church. Abortion
is illegal and contraceptives are distributed limitedly, depending on the doctor.
● The woman from La Strada explained that HIV testing is available but sex workers must go through an
“interview” first and an employee from PARASOL, confirmed this.
● The emphasis of HIV agencies is on treatment rather than prevention and there is no significant promotion
of condoms.
● Health services are particularly limited for sex workers in Poland because, like in the Czech Republic, they
are not recognized as a legitimate form of labor.
● A lot of sex workers register as unemployed to get free health coverage. Additionally, the focus of funding
is focused on drugs and alcoholism.

IV. Conclusions and Recommendations

● Legalization regulations must be cautious of creating a two-tier effect by privileging certain forms of sex
work over others.
● Mandatory registration is an ineffective means of trying to help sex workers because of anonymity
concerns and stigma.
● Health care and supportive vocational services should be offered but not forced onto sex workers.
● Disconnects between federal and local level authorities regarding prostitution can lead to troublesome
zoning inconsistencies that again lead to the establishment of unregulated sectors of prostitution,
heightening the risk of victimization and organized crime.
● Education is the most useful tool for combating stigma. States should fund and work with sex workers’
rights organizations to implement educational seminars provided in schools and to clients talking about the
sex industry, promoting safe sex practices, and tips on being a conscious consumer. Also, any employers
that exhibit bias hiring practices toward sex workers should be punished under the law.
● To be specific, sex workers should have access to health care, which requires that commercial sexual acts
be recognized as legitimate labor.
● A promising suggestion would be vocational peer-led trainings. An excellent example of this was the
services offered by HYDRA in Germany.
○ They had classes for people looking to get into the sex industry to inform them of safe sex
practices, safety tips, and other practical advice given by sex workers to sex workers, therefore
trying to subvert power dynamics. HYDRA also offered career counseling to women planning on
leaving the sex industry.
●
● Sex
but workers
In orderis to
rather
policy should have
implement
notacknowledge
enough access
to these to social
policies,
thatstigma.
erase policy security
governments’
must andapproaches
pensions.bymust
be supplemented be less top-down
nongovernmental and state-centered
organizations because

b. Republic Act. No. 10364, “Expanded Anti-Trafficking in Persons Act of 2012” – Ervin Hilado
c. Prostitution: Where Racism & (and) Sexism Intersect By Vednita Nelson – Abbey Perez
Black women dilemma: they are forced to deal with the oppression that arises from being Black in a white-
supremacist culture and the oppression that arises from being female in a male-supremacist culture
- black women attempt to survive-that space where racism and sexism intersect

Where do racism and sexism meet?

- Racism makes Black women and girls especially vulnerable to sexual exploitation and keeps them trapped
in the sex industry.
- Racist stereotypes in the mainstream media and in pornography portray Black women as wild animals who
are ready for any kind of sex, any time, with anybody.
- Prostitution is not tolerated in the Black community; it has been imposed upon them
- Once a Black woman gets into prostitution, it becomes harder for her to get out than for a white woman
- The lack of culturally sensitive services designed by members of the Black community, for women in the
Black community, keeps women trapped in prostitution
- Black women who are seeking to escape abusive and exploitative situations are forced to go to white
agencies for help. This creates a double bind.
- First, there is a strong taboo in the Black community about talking to outsiders, particularly
whites, about problems within the Black community
- Second, even if women overcome that obstacle, white-dominated agencies are ill-equipped to
understand and deal with the problems of poor Black women.
- Example:
- Language barrier - Black women who use ghetto slang as a form of expression
are viewed as "stupid" because many social workers have difficulty
understanding them
- question on "appropriate parenting skills" – to spank or not to spank has become
a bone of contention between white, child-protection workers-and often white,
battered-women's advocates-who view spanking as child abuse, and African-
American mothers who believe it is an appropriate and necessary form of
discipline
- the failure to understand Black emotional pain, the pain that African-Americans
experience due to their inability to acknowledge, take pride in, and be at peace
with their own individual African-American identities.
- The root cause of Black emotional pain is white racism
- There are subtle and overt ways that Blacks have internalized the
values of the white culture: straight hair is "good" hair; thick, tightly
curled hair is "bad" hair. Light skin is "good"; dark brown or black skin
is "bad."
- Programming developed by and for white women is not necessarily
useful to Black women, even when provided by a Black professional
who has adopted the agency's approach to problem solving.
- class differences between the middle-class Black professional and the poor
client can often foster distrust.
What is the solution?
- Author’s perspective: problem is rooted in that very difficult, tight space where Black women attempt to
survive, that space where racism and sexism intersect.
- The liberation of Black women then requires two courses of action:
- First, the predominantly male leaders in the Black community must commit to ending violence
against women with the same vigor that they apply to ending racism
- Second, white women must make a concerted effort to end racism, beginning with an examination
of their own racism, and from there to work within their own communities.
- Feminist organizations must be willing to take active stands against racial injustice in
society. Few, if any, feminist organizations condemned the treatment of Rodney King
and the subsequent exoneration of the officers who assaulted him
- White feminists must stand beside the black feminists, to fight racist and sexist
oppression, and to take the same risks the blacks do. The mainstream feminist community
must actively fight to end both systems.