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    Gender Sensitivity

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    Gender Sensitivity

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    Jonathan Aganan
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    Gender Sensitivity

    Uploaded by

    Jonathan Aganan

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    Arellano University School of Law

    CIVIL LAW DEPARTMENT


    SY 2024-2025
    Second Semester

    COURSE OUTLINE

    GENDER SENSITIVITY AND


    LAWS ON WOMEN AND CHILDREN’S RIGHTS
    Atty. Prime Antonio Ramos
    Instructor

    COURSE DESCRIPTION:
    The course seeks to provide students with a keen understanding of gender and child sensitivity
    and equality and nondiscrimination. Feminist legal theories and international instruments
    relating to women’s and children’s rights will be examined and analyzed. The course also
    introduces the students to the legal framework of protection for women and children, and the
    psycho-social dimensions of handling their cases. Focus will also be given on institutions that
    create, maintain and perpetuate gender inequalities and child abuse, in particular the legal
    framework and how it contributes to the institutionalization of gender differences. Special issues
    and concerns, such as rights of indigenous women and children, violence against women and
    children, sexual harassment and human trafficking, will be highlighted to provide illustrations of
    how discrimination and abuse occur.

    MODULE 1:
    INTRODUCTION TO GENDER SENSITIVITY AND INTERNATIONAL FRAMEWORKS

    1. Overview of gender sensitivity and its importance in law


    2. International instruments: CEDAW, CRC, Beijing Platform for Action
    3. UN Sustainable Development Goals (SDGs) 5 and 16

    MODULE 2:
    WOMEN'S RIGHTS IN THE PHILIPPINES

    1. Anti-Rape Law (RA 8353)


    2. Anti-Trafficking Law (RA 9208)
    3. Violence Against Women and Their Children Act (RA 9262)
    4. Women's participation in politics and governance (RA 9710)
    5. Reproductive health rights (RA 10354)

    JURISPRUDENCE

    Women’s Rights
    1. People vs. Domingo, G.R. No. 96161 (1991)
    2. Valmonte vs. Belmonte, G.R. No. 74930 (1988)
    3. Abueva vs. People, G.R. No. 154350 (2004)
    4. Reed v. Reed, 404 US 71
    5. Eisenstadt v. Baird, 405 US 438
    6. Frontiero v. Richardson, 411 US 677
    7. Pittsburgh Press v. Pittsburgh CHR, 413 US 376
    8. Taylor v. Louisiana, 419 US 522
    Violence Against Women and Children
    1. Republic vs. Court of Appeals, G.R. No. 126551 (1999)
    2. People vs. Cabalquinto, G.R. No. 167605 (2006)
    3. People vs. Santiago, G.R. No. 175326 (2008)
    4. United States v. Morrison, 529 US 598 (2000)
    5. Castle Rock v. Gonzales, 545 US 748 (2005)
    6. DeShaney v. Winnebago County, 489 US 189
    7. US v. Hayes, 555 US 415 (2009)

    MODULE 3:
    INTERNATIONAL WOMEN'S RIGHTS

    1. CEDAW and its optional protocols


    2. UN Women's Convention (1979)
    3. Istanbul Convention (2011)
    4. Case studies: USA, Europe, Latin America, Asia

    MODULE 4:
    CHILDREN'S RIGHTS

    1. Child Protection Act (RA 7610)


    2. Anti-Child Labor Law (RA 9231)
    3. Juvenile Justice Act (RA 9344)
    4. Child Welfare Code (PD 603)

    JURISPRUDENCE
    1. People vs. Dimaano, G.R. No. 169078 (2006)
    2. People vs. Santiago, G.R. No. 175326, (2008)
    3. Republic vs. Court of Appeals, G.R. No. 124673 (1999)
    4. Brown v. Board of Education, 347 US 483 (1954)
    5. Plyler v. Doe, 457 US 202 (1982).
    6. Goss v. Lopez, 419 US 565 (1975)

    MODULE 5:
    LABOR AND EMPLOYMENT

    1. The Labor Code of the Philippines


    2. Magna Carta of Women (RA 9710)
    3. Expanded Maternity Leave Act (RA 11210)
    4. Anti-Sexual Harassment Act of 1995 (RA 7877)
    5. Prohibition on Discrimination Against Women (RA 6725)

    JURISPRUDENCE
    1. PTTC v. NLRC, G.R. No. 118978 (1997)
    2. Zialcita v. PAL, G.R. No. L-44680 (1977)
    3. LA Department of Water and Power v. Manhart, 435 US 702 (1978)
    4. Ledbetter v. Goodyear Tier, 550 US 619 (2007)
    5. County of Washington v. Gunther, 452 US 161 (1981)
    6. Clevalnd Board of Education v. LaFleur, 414 US 632

    MODULE 6:
    INTERNATIONAL CHILDREN'S RIGHTS

    1. CRC and its optional protocols


    2. The Hague Convention on Child Abduction (1980)
    3. UN Convention on the Rights of the Child (1989)

    MODULE 7:
    FAMILY LAW AND GENDER

    1. Family Code provisions on marriage, divorce, and custody


    2. International perspectives on same-sex marriage and LGBTQ+ rights
    3. Comparative analysis: Sharia law, Hindu law, and secular family laws

    JURISPRUDENCE

    Family Law and Gender


    1. Marcos vs. Marcos, G.R. No. 136490 (2001)
    2. Republic vs. Court of Appeals, (G.R. No. 108763 (1995):
    3. Silverio vs. Court of Appeals, G.R. No. 101838 (1993)
    4. Loving v. Virginia, 388 US 1 (1967)
    5. Griswold v. Connecticut, 381 US 479 (1965)
    6. Stanton v. Stanton, 421 US 7
    7. Stanley v. Illinois, 405 US 645 (1972)
    8. Caban v. Mohammaed, 441 US 645 (1972)
    9. Abbott v. Abbot, 560 US 1 (2010)

    Sexual Orientation, Gender Identity, and Expression (SOGIE)


    1. Silverio vs. Court of Appeals, G.R. No. 101838 (1993)
    2. In Re: Ang Ladlad LGBT Party (G.R. No. 190582 (2010)
    3. Obergefell v. Hodges (2015)
    4. US v. Windsor, 570 US 744 (2013)
    5. Romer v. Evans, 517 US 620 (1996)
    6. Oncale v. Sundowner Offshore, 523v US 75 (1998)
    7. Lawrence v. Texas (2003)

    MODULE 8:
    ADVOCACY AND POLICY REFORM

    1. Crafting policy briefs and advocacy strategies


    2. Engaging with international organizations (UN, EU, ASEAN)
    3. Case studies: successful international advocacy campaigns (e.g., #MeToo, #TimesUp)

    JURISPRUDENCE:

    1. Bayan vs. Zamora (G.R. No. 138570, 2000): Applied the principles of the Vienna Convention
    on the Law of Treaties.
    2. Sobra Las v. NLRC (G.R. No. 164328, 2006): Cited the International Labour Organization (ILO)
    Convention 182.

    PROJECT:

    Options:
    1. Case Study Analysis: Analyze a landmark case related to women's or children's rights (e.g.,
    People vs. Domingo, Opuz v. Turkey).
    2. Comparative Law Review: Compare and contrast Philippine laws on women's/children's
    rights with those of another country (e.g., USA, India, Sweden).
    3. International Instrument Analysis: Examine the implementation of a UN convention (e.g.,
    CEDAW, CRC) in the Philippines.

    Note: The student should submit his option to the class beadle. Once submitted, the student will
    not be allowed to change.

    Research Requirements
    1. Topic Selection: Choose one of the project options and select a specific case, country, or
    international instrument.
    2. Research Questions: Formulate 2-3 research questions guiding your analysis.
    3. Sources: Utilize at least 5 credible sources (academic journals, books, primary documents).
    4. Length: Minimum of 30 pages (single-spaced, 1.5 each paragraph, font size 12, margins: T –
    1.2; L – 1.5; R and B – 1.0).
    5. Format: APA/MLA/Chicago style.

    Content Guidelines
    1. Introduction (10%): Provide context, research questions, and thesis statement.
    2. Background (20%): Discuss relevant laws, policies, and historical context.
    3. Analysis (40%): Examine the case, comparative law, or international instrument
    implementation.
    4. Conclusion (20%): Summarize findings, implications, and recommendations.
    5. References (10%): List sources cited.

    Additional Requirements
    1. Cover Page: Include project title, student name, course name, and date.
    2. Abstract (150-250 words): Summarize the project.
    3. Headings and Subheadings: Organize content with clear headings.
    4. Tables/Figures: Use visual aids to support analysis (optional).
    5. Appendices: Include supporting documents (e.g., court decisions, treaties).

    Grading Criteria
    1. Content (40%): Depth, accuracy, and relevance.
    2. Research and Analysis (30%): Critical thinking, synthesis, and evaluation.
    3. Organization and Writing (20%): Clarity, coherence, and style.
    4. Formatting and References (10%): Adherence to chosen citation style.

    Submission
    1. Deadline: Last day of regular classes.
    2. Format: Hard copy.
    3. Submission Method: In person, during class hours.

    Academic Integrity
    1. Plagiarism and academic dishonesty will not be tolerated.
    2. Proper citation and referencing are required.

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