GENDER AND DEVELOPMENT

INTERNATIONA
L MANDATES
 CEDAW
Convention on the Elimination
of All Forms of Discrimination
against Women
 The CEDAW Convention
 Adopted in 1979 by UN General Assembly –
180 countries have signed it

 International Bill of Rights for Women

 “Defines what constitutes discrimination

against women and sets out an agenda for
national action to end such discrimination”
CEDAW
A radical treaty that aims to:

transform the structural barriers to

equality
address multifaceted nature of
problems women face
 CEDAW – Core Principles

 Equality

 Non-discrimination
 Substantive Equality
Promoting:
Equality of opportunity through law, policy,
programmes and institutional arrangements
Equality of access by eliminating all obstacles
that prevent access to the opportunities &
taking positive steps to ensure goal of equality
is achieved
Equality of results
 Non-discrimination
Based on the principal that discrimination:
 is socially constructed
 Is not a natural principal of human interaction
Recognition of the need for concerted action
against inequality and the institutional
mechanisms that perpetuate it
What CEDAW says…
The Articles
 Discrimination  Health
 Special measures  Employment
 Cultural practices  Education
 Trafficking  Law
 Politics  Marriage
 Nationality  Family benefits
 Rural women
 Article 1- Definition of
Discrimination
“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
and fundamental freedoms, in the political, economic,
social, cultural, civil or any other field”
 Article 5 – cultural practices

“A change in the traditional role

of men as well as the role of
women in society is needed to
achieve full equality between
men and women”
 Article 12 - Health
1. States Parties shall take all appropriate
measures to eliminate discrimination
against women in the field of health care
in order to ensure…access to health care
services, including those related to family
planning
 How does CEDAW work?
the reporting process
 When a a government ratifies CEDAW, it
commits to put in place legislation & policy to
ensure women’s equality
 Every 4 years government submit a ‘progress’
report to the CEDAW Committee
 Government is then examined at a session of
the CEDAW Committee
 BPFA

Beijing Platform for Action

 Beijing Conference

Objectives:

 Review and appraise the advancement of women

since Nairobi, 1985
 Mobilize women and men on both the policy-
making and grass-root levels to achieve the
Nairobi objectives
 Platform for Action
 Determine the priority actions 1996-2001
The Platform for Action

 Created at the Beijing Conference

 Identifies 12 “critical areas of concern” considered to represent
the main obstacles to women’s advancement
 Defines strategic objectives and spells out actions to be taken
over the next 5 years by governments, the international
community, NGOs, and the private sector
Platform for Action
Issues Addressed

 Poverty  Decision-Making
 Education &  Institutional
Training Mechanisms
 Health  Human Rights
 Violence  Media
 Armed Conflict  Environment
 Economy  The Girl-Child
MDG
Millenium Development Goals
The Millennium Development Goals (MDGs) were
adopted by 189 member states in the Millennium
Summit of United Nations in 2000. These states
have pledged to achieve the MDGs by 2015.
The Millennium Development Goals:
   
 Eradicate extreme poverty and hunger
 Achieve universal primary education
 Promote gender equality and empower women
 Reduce child mortality
 Improve maternal health
 Combat HIV/AIDS, malaria, and other diseases
 Ensure environmental sustainability
 Develop a global partnership for development
Analysis of MDGs

The MDGs are:

 A set of targets;
 of a quantitative nature;
 that are time-bound;
 and express key elements of human develop
 …Analysis of MDGs

 the MDGs fail to specify the developmental

effect on women despite their important role
as beneficiaries and contributors
 2 out of 8 goals directly address women (Goal
3 and Goal 5). Yet, these goals do not achieve
fairness to women as they concentrate on the
quantitative aspect of these goals and their
indicators
…Analysis of MDGs

A notable example of the gender-

blindness in the MDGs is regarding the
income-poverty eradication goal…
 
…Analysis of MDGs
Nowhere does this goal indicate that the
proportion of poor and hungry women is
higher than men. It is a well known fact
that two thirds of the world’s poor are
women, and neglecting to address this
issue means that even if extreme poverty
is halved by 2015, two thirds of the
remaining will be women.
…Analysis of MDGs
The selective focus of the MDGs presents a
narrower perspective than that of the
Beijing Platform for Action (BPFA) that
was influenced by the advocacy of women’s
movements.

hu is more relevant to achieving equality

and empowering women than the MDGs
•Due to its large scope, Goal 1 fails to
address women as a crucial factor since two
thirds of the poor are women.

• Thus, incorporating the provisions of

CEDAW and BPFA into this goal would
result in a more inclusive gender-sensitive
goal and indicators
CEDAW:
 Eliminate  ensure rural women
discrimination against enjoy adequate
women to ensure the living conditions,
same rights for men and especially in relation
women in employment. to housing,
(Article 11) sanitation, electricity
and water
 Ensure men and supply,and transport
women equality in all and communication.
areas of economic and (Article 14.2h)
social life, and in
particular the same
rights to bank loads and
all forms of financial
credit (Article 13.b)
“We have a collective responsibility to uphold
the principles of human dignity, equality and
equity at the global level. As leaders we have a
duty therefore to all the world’s people,
especially the most vulnerable and, in
particular, the children of the world, to whom
the future belongs”
Millennium Declaration, 2000
Socio-Cultural and Legal
Framework
 Women's contributions have remained both largely invisible to
the public eye as well as merely secondary in perceived functions
 women's active participation in public life has not been as
extensive as that of men
 It is this very subordination that also accounts for the lack of
support systems and social benefits for women.
 The limited access and control that women have over resources,
and the comparatively minor roles that women play in the
national drama of development.
Laws on GAD

 Constitutional Basis
 Art. II, Sec. 14, 1987 Constitution
 “The State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men.”
 Art. XIII, Sec. 14, 1987 Constitution
 “The State shall protect working women by providing safe and healthful
working conditions, taking into account their maternal functions, and
such facilities and opportunities that will enhance their welfare and
enable them to realize their full potential in the service of the nation.”
Laws on GAD

 Constitutional Basis
 Art. XIII, Sec. 11, 1987 Constitution
 “The State shall adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, health and other social services available to
all the people at affordable cost. There shall be priority for the needs of the under-privileged,
sick, elderly, disabled, women, and children. The State shall endeavor to provide free
medical care to paupers.”
 Art. IV, Sec. 1(2), 1987 Constitution
 Section 1. The following are citizens of the Philippines:
 [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;
 [2] Those whose fathers or mothers are citizens of the Philippines;
 [3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
 [4] Those who are naturalized in accordance with law.
Laws on GAD

 Constitutional Basis
 Article II, 1987 Constitution
 Right to health
 Right to a balanced and healthful ecology
 Right to education

 Art. III, 1987 Constitution

 Right to life, liberty and property
 Right to equality and non-discrimination
 Freedom of expression
 Right of Assembly and associations
 Freedom of movement
Laws on GAD

 Statutory
 RA 9710, Magna Carta of Women
 Rights of Women
 Inter-sectoral Implementation
 Mainstreaming as form of implementation
  It mandates
 (a) planning, budgeting, monitoring and evaluation for gender and development,
 (b) the creation and/or strengthening of gender and development focal points, and
 (c) the generation and maintenance of gender statistics and sex-
disaggregated databases to aid in planning, programming and policy formulation. 

 Funding
Problems

 Is the pregnancy of an unwed student a ground for expulsion?

 Is the pregnancy of an unwed faculty member a ground for

dismissal?

 Is the adulterous pregnancy of a married faculty member a

ground for dismissal?
Laws on GAD

 Statutory
 EO 227, The New Family Code of the Philippines
 RA 7192, the Women in Development and Nation Building Act which
promotes the integration of women as full and equal partners of men in
development and nation building
 RA 6725, An Act Strengthening the Prohibition on Discrimination against
Women with Respect to Terms and Conditions of Employment, Amending 135
of the Labor Code, as Amended.
 Joint Circular No. 2012-01 (GAD Plans and Budgets and Accomplishment Report
Implementing MCW)
 RA 7877, Anti-Sexual Harassment Act, which declares sexual harassment
unlawful in the employment, education and training environment
 RA 6949 declares March 8 of every year as a working holiday to be known as
National Women's Day
Problem

 Although they have no impediment to marry each other, X and Y

are living together without the benefit of marriage;
 X, the common law husband, is the only one working;
 Y, the common law wife, manages the household;
 During their union, they established a estate amounting to P6M;
 X broke up with Y because the latter cannot give him a child.
 In the liquidation and distribution of the estate, how much will go
to Y?
Answer

 P3M, or one half of the estate.

 Art. 147. When a man and a woman who are capacitated to marry
each other, live exclusively with each other as husband and wife
without the benefit of marriage or under a void marriage, their
wages and salaries shall be owned by them in equal shares and
the property acquired by both of them through their work or
industry shall be governed by the rules on co-ownership.
Answer

 In the absence of proof to the contrary, properties acquired while

they lived together shall be presumed to have been obtained by
their joint efforts, work or industry, and shall be owned by them
in equal shares. For purposes of this Article, a party who did not
participate in the acquisition by the other party of any
property shall be deemed to have contributed jointly in the
acquisition thereof if the former's efforts consisted in the care
and maintenance of the family and of the household.
Financial Support
 Problem

 “I am pregnant and the father of my

child is a married man. Can I compel
him to financially support our child
once he is born? Can I also seek
reimbursement from the father for all
the expenses that I incurred during the
pregnancy once my child is born?”
Answer

 Yes to the financial support.

 Yes to the reimbursement, if there is a legal demand.
 Child is illegitimate (Art. 165, Family Code) who is entitled to
financial support from the parents.
 REQUIREMENT:
 RECOGNITION BY THE FATHER
 PROOF OF AFFILIATION
Answer

 PROOF
1) record of birth appearing in the civil register or a final
judgment; and
2) an admission of illegitimate filiation in a public document or a
private handwritten instrument and signed by the parent
concerned.
Answer

In the absence of the foregoing evidence, illegitimate filiation shall

be proved by:
1) open and continuous possession of the status of a legitimate
child; or
2) 2) any other means allowed by the Rules of Court and special
laws (Article 172, Family Code of the Philippines).
STEPS

 UPON BIRTH: ask the father to recognize him as his illegitimate

child by accomplishing the Affidavit of Acknowledgment/
Admission of Paternity found at the back of his birth
certificate.
 If your child has been recognized by his father, he shall have the
right to receive financial support from him.
STEPS

 REFUSAL: Seek redress from the court by filing a petition for

compulsory recognition and support.

 NOTE: A recognized illegitimate child shall also have the right

to use the surname of his father (Section 1, RA 9255), and the
right to inherit from him through succession (Article 887, Civil
Code of the Philippines).
Laws on GAD

 Statutory
 RA 7877, Anti-Sexual Harassment Act, which declares sexual
harassment unlawful in the employment, education and training
environment

Problem
Mr. X is an employer;
 A is a hardworking employee;
 Mr. X opened a position for promotion;
 A applied but was denied by Mr. X;
 Mr. X invited A to have a date with him, out of town for
three days.
 Is there sexual harassment?
Laws on GAD

 (1) In a work-related or employment environment,

sexual harassment is committed when:
(a) The sexual favor is made as a condition in
the hiring or in the employment, re-employment or
continued employment of said individual, or in
granting said individual 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;
(b) The above acts would impair the employee's
Laws on GAD

 2) In an education or training environment, sexual harassment is

committed:
 (a) Against one who is under the care, custody or supervision of the
offender;
 (b) Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
 (c) When the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarships, or the
payment of a stipend, allowance or other benefits, privileges, or
consideration; or
 (d) When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
Problem

 A is employed in Establishment X (private);

 She has been paying conscientiously her monthly maternity
contributions for almost two years now;
 She suffered from miscarriage;
 She is still employed;
 How much maternity benefit will she receive?
Answer: RA 7322

 She shall be paid a daily maternity benefit

equivalent to one hundred percent (100%) of
her present basic salary, allowances and other
benefits or the cash equivalent of such benefits
for sixty (60) days;
 subject to the following conditions:
 "(a) That the employee shall have notified her
employer of her pregnancy and the probable date
of her childbirth which notice shall be
transmitted to the SSS in accordance with the
rules and regulations it may provide;

 In case of a cesarean delivery, the employee shall be paid the daily
 maternity benefit for seventy-eight (78) days;
 "(d) That payment of daily maternity benefits shall be a bar to the
recovery of
 sickness benefits provided by this Act for the same compensable
period of sixty
 (60) days for the same childbirth, abortion, or miscarriage;
 "(e) That the maternity benefits provided under this Section shall
be paid
 only for the first four deliveries after March 13, 1973;
 "(f) That the SSS shall immediately reimburse the
employer of one hundred percent (100%) of the
amount of maternity benefits advanced to the
employee by the employer upon receipt of
satisfactory proof of such payment and legality
thereof; and
 "(g) That if an employee should give birth or suffer
abortion or miscarriage
 without the required contributions having been
remitted for her by her employer to the SSS, or
without the latter having been previously notified by
the employer of the time of the pregnancy, the
employer shall pay to the SSS damages equivalent to
Problem

 Mr. X is a teacher;
 A is his student;
 A failed in the subject of Mr. X;
 Mr. X asked A to talk to him after his 7 PM class alone;
 Is there sexual harassment?
Answer

 Yes, there is “probable ground for filing” a sexual harassment

case.
 But as to the liability of the Mr. X, it shall be proven in the case.
The allegation must be substantiated by other evidence.
Laws on GAD

 A 6972 mandates the establishment of day care centers in every

barangay
 RA 7322 increases the maternity benefits of women in the private
sector;
 RA 7655 increases the minimum wage of domestic helpers;
 RA 10361 Batas Kasambahay;
 RA 9262 Anti-Violence Against Women and Children
Problem

 Mr. X and Mrs. Y are married;

 Mr. X is the breadwinner;
 Mrs. Y is a plain housewife;
 They have a misunderstanding;
 Mr. X told Mrs. Y that she will not receive any financial support
from him if she will not listen to him.
 Is there an act of violence under R.A. 9262?
Answer

 Yes, there is economic abuse.

 Threatening to deprive or actually deprive the woman or her
children of financial support legally due her or her family, or
deliberately providing the woman’s children, insufficient
financial support.
Problem

 Mr. X and Mrs. Y are common law spouses;

 Mr. X is the breadwinner;
 Mrs. Y is a plain housewife;
 They have a misunderstanding;
 Mr. X told Mrs. Y that she will not receive any financial support
from him if she will not listen to him.
 Is there an act of violence under R.A. 9262?
Answer

 Yes
 “Violence against women and children refers to any act or series
of acts committed by any person against a woman who is his
wife, former wife, or a woman with whom the person has or
had a dating or sexual relationship, or with whom he has a
common child, or against her child…”
 Threatening to deprive or actually deprive the woman or her
children of financial support legally due her or her family, or
deliberately providing the woman’s children, insufficient
financial support.
Problem

 X and Y are sweethearts;

 Y, the girl, wants to breakup with X;
 Not wanting to let Y go, X threatened Y that he will commit
suicide if she will not go back to him;
 Is there violence against women?
Answer

 Yes.
 “Inflicting or threatening to inflict physical harm on oneself for
the purpose of controlling her actions or decisions.”
Problem

 Mr. X is obsessed with Ms. Y;

 He keeps on following her wherever she goes;
 He even lingers outside her residence when she goes home;
 Is there violence against women?
Answer

 Yes.
 “Stalking or following the woman or her child in public or private
places;”
 “Peering in the window or lingering outside the residence of the
woman or her child;”
 “Causing mental or emotional aguish…”
Question

 If you are a victim of

violence under R.A. 9262,
what remedies are available
for you?
Answer

 1. Petition for Protection Order

+
 2. File any of the following :
 Criminal Action
 Criminal Action with reservation of separate civil action
 Civil Action for Damages
Question

 Who may file?

Answer

 Offended party
 Parents or guardians
 Ascendants, descendants or collateral relatives within fourth civil
degree of consanguinity/affinity
 Officers/social workers of DSWD or LGUs
 Police officerrs
 Punong Barangay/Kagawad
 Lawyer
 At least 2 Responsible Citizens
Question

 Is the husband mandated to

surrender his salary to his wife?
Answer

 No.
 Prerogative of the spouses; not a duty.
Laws on GAD

 RA 6955 outlaws the practice of matching

Filipino women for marriage to foreign
nationals on a mail-order basis;
 RA 10354 Reproductive Health Law
which emphasizes on:
 Equality and non-discrimination
 Sustainable human development
 Right to health which includes reproductive health
 Right to education and information
 Gender equality
Laws on GAD

 Civil Service Commission Memorandum Circular No. 12, Series

of 2005 which encourages all heads of Constitutional Bodies,
Departments, Bureaus, Offices and agencies of the national
government, local government units, state universities and
colleges, government owned and controlled corporations the use
of non-sexist language in all its official documents,
communications and issuances
Laws on GAD

 UN Convention on the Elimination of All Forms of

Discrimination against Women (CEDAW)
 Universal Declaration of Human Rights

 Millennium Development Goals

 No. 3 which requires governments to promote gender equality and
empower women
Laws on GAD

 Yogyakarta Principle
 the Application of International Human Rights Law In Relation to
Sexual Orientation and Gender Identity
 “Using even the most liberal of lenses, these Yogyakarta Principles,
consisting of a declaration formulated by various international law
professors, are – at best – de lege ferenda – and do not constitute
binding obligations on the Philippines.  Indeed, so much of
contemporary international law is characterized by the “soft law”
nomenclature, i.e., international law is full of principles that promote
international cooperation, harmony, and respect for human rights,
most of which amount to no more than well-meaning desires, without
the support of either State practice or opinio juris.”
Laws on GAD

 we cannot help but observe that the social issues presented by this
case are emotionally charged, societal attitudes are in flux, even
the psychiatric and religious communities are divided in
opinion.  This Court’s role is not to impose its own view of
acceptable behavior. Rather, it is to apply the Constitution and
laws as best as it can, uninfluenced by public opinion, and
confident in the knowledge that our democracy is resilient
enough to withstand vigorous debate.
Government Commissions

 National Commission on the Role of Filipino Women (NCRFW)

 Created in 1975 as a response to International Women’s Year
 Its mandate is to work towards the full integration of women for
social, economic, political and cultural development at national,
regional and international levels on a basis of equality with men
Government Commissions

 Bureau of Women and Young Workers of DOLE

 Revitalized after 1986 government reorganization
 Bureau of Agricultural Extension of DA
 Revitalized after 1986 government reorganization
 Bureau of Women’s Welfare under DSWD
 Presidential Proclamation No. 227
 March as Women’s History Month
 Presidential Proclamation No. 224
 March as the Women’s Month
 Commission on Human Rights
Development Plans for Women

 The Philippine Development Plan for Women 1989-1992,

(PDPW)
 Approved and adopted by EO 348
 Served as the government blueprint for integrating women in the
development process, was a significant accomplishment.
 A companion volume to the Medium Term Philippine Development
Plan (MTPDP), 1987-1992
 the PDPW was the major vehicle for mainstreaming women's
concern into the planning and implementation process
Development Plans for Women

 RA 7192, The Women in Development and Nation-Building

 Mandated the formulation of a Philippine Plan for Gender-
Responsive Development (PPGRD)
 Rights-Based Development
Development Plans for Women

 EO 273 Philippine Plan for Gender-Responsive Development

 Mandated the implementation of gender and development in accord
with our constitutionally guaranteed human rights.
 It envisions a society that promotes gender equality and women’s
empowerment as enunciated in UN Fourth World Conference
Platform for Action.
 Par. 1.1 directs all government agencies and instrumentalities to “take
appropriate steps to ensure the full implementation of
policies/strategies and programs/projects outlines in the Plan.”
Development Plans for Women

 The Philippine Plan for Gender-Responsive Development

(PPGD) rests on a vision of development that is equitable ,
sustainable, free from violence, respectful of human rights,
supportive of self-determination and the actualization of human
potentials, and participatory and empowering.
THANK YOU FOR LISTENING