GAD Corner
Gender and Development Corner
Gender and Development
Republic Act No. 9710 or the Magna Carta of Women defines Gender and Development (GAD) as the development perspective and process that are participatory and empowering, equitable, sustainable, free from violence, respectful of human rights, supportive of self-determination and actualization of human potentials. It seeks to achieve gender equality as a fundamental value that should be reflected in development choices; seeks to transform society’s social, economic and political structures and questions the validity of the gender roles they ascribed to women and men; contends that women are active agents of development and not just passive recipients of development assistance; and stresses the need of women to organize themselves and participate in political processes to strengthen their legal rights.
International Commitments
-
Known as the International Bill of Rights of Women, the Convention on the Elimination of all Forms of Discrimination Against Women is the only human rights treaty which affirms the reproductive rights of women and targets culture and tradition as influential forces shaping gender roles and family relations. It affirms women's rights to acquire, change or retain their nationality and the nationality of their children.
CEDAW was adopted by the United Nations in 1979 and took effect on September 3, 1981. As of February 2015, it has 188 State Parties that agreed to implement the provisions of the treaty most importantly taking appropriate measures against all forms of discrimination and exploitation of women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.
The Convention defines discrimination against women as "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.
CEDAW also establishes a framework that draws on three overarching principles: equality in opportunity, equality in access and equality in results. The Convention advocates the “substantive” kind of equality both in law (de jure) and in practice (de facto).
The Philippines’ participation in CEDAW has contributed massively in the advancement and empowerment of the Filipino women. This include the enactment of Republic Act 9710, otherwise known as the Magna Carta of Women which is a comprehensive women's human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in the marginalized sectors.
-
Being a State Party to the United Nations Millennium Declaration in 2000 that gave birth to the Millennium Development Goals (MDGs), the Philippine government is committed to ensure that the country’s development planning efforts focus on an MDG-responsive policy framework and legislation to eradicate poverty and achieve sustainable human development.
The third MDG focuses on promoting gender equality and women empowerment which include (1) ratios of girls to boys in primary, secondary and tertiary education, (2) share of women in wage employment in the non-agricultural sector, and (3) proportion of seats held by women in national parliament. While having a goal focused for women, it is also evident that gender issues are present in all the other goals. Thus, addressing gender issues, which cut across all the goals, will effectively contribute to the attainment of the MDGs.
At present, the PCW and its partners, both government and civil society, have formed six clusters to address the gender concerns of the MDGs through the implementation of the Magna Carta of Women (MCW).
-
The Beijing Platform for Action (BPfA) was the resulting document of the Fourth World Conference on Women in Beijing, China in 1995 adopted in consensus by the United Nations (UN). It is during this Conference the governments and the UN agreed to promote gender mainstreaming as a strategy to ensure that a gender perspective is reflected in all policies and programmes at the national, regional and international levels. The BPfA represents the international community’s commitment towards the promotion of women’s welfare and aims at accelerating the implementation of the Nairobi Forward-Looking Strategies for the Advancement of Women.
Following the Fourth World Conference on Women, the United Nations General Assembly mandated the United Nations’ Commission on the Status of Women to integrate into its program a follow-up process to the Conference, regularly reviewing the critical areas of concern in the BPFA and to develop its role in mainstreaming a gender perspective in UN activities.
-
The Commission on the Status of Women (CSW) is a principal global policy-making body dedicated exclusively to gender equality and advancement of women. Already in its 65 years, the CSW has remained instrumental in the promotion of women’s rights and shaping policies on gender equality and women empowerment. The CSW is a functional commission of the United Nations Economic and Social Council (ECOSOC) under the United Nations (UN).
In the 55th session of the CSW in March 2011, the Philippine-initiated resolution entitled “Mainstreaming Gender Equality and Promoting Empowerment of Women in Climate Policies and Strategies” was adopted in consensus by the Commission’s Member States. The ground-breaking resolution on gender and climate change highlighted the need to ensure women’s full enjoyment of all human rights and their effective participation in environmental decision-making at all levels.
-
The Association of Southeast Asian Nations (ASEAN) has maintained its efforts and support in the promotion of the status of women and has participated actively in the regional and international arena pertaining to the advancement of women. Specifically carrying out these thrusts is the ASEAN Committee on Women (ACW) which serves as the primary coordinating and monitoring body of the ASEAN on key regional priorities and cooperation in women’s issues and concerns.
The ACW has organized numerous regional workshops, seminars, training sessions and consultative meetings that provided venues for government officials, civil society organizations, professionals and other stakeholders to exchange views, share experiences and build commitments and a common understanding on various gender issues. One of the most notable of these assemblies is the ASEAN-High Level Meeting on Gender Mainstreaming within the Context of CEDAW, BPFA and the MDGs held in November 2006. It was during this meeting that the Joint Statement and Commitment to Implement Gender Mainstreaming was adopted by ASEAN member countries.
-
The Asia-Pacific Economic Cooperation (APEC) recognizes that women are critical to the achievement of sustainable economic development in the region. In 1998, it held its First Ministerial Meeting on Women in the Philippines that resulted to the adoption of the "Framework for the Integration of Women in APEC" within APEC groups. An Ad-Hoc Advisory Group on Gender Integration (AGGI) was created to oversee the implementation of the Framework but its mandate expired in 2002 which then led to the establishment of the Gender Focal Point Network (GFPN) that is aimed at maintaining awareness on gender issues within the Cooperation.
The Philippines, one of the Cooperation’s founding members, also works for accelerating the progress of integrating women in the mainstream of its APEC processes and activities.
Philippine Laws
-
Article II Section 11. The State values the dignity of every human person and guarantees full respect for human rights.
Article II Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
-
The 105-Day Expanded Maternity Leave Law (RA 11210 or EML) provides the updated policy on maternity leave that covers females who are workers in the private and public sectors, workers in the informal economy, voluntary contributors to the Social Security System (SSS), and national athletes. It likewise grants a woman the option to allocate up to seven days of paid maternity leave to her child’s father or an alternate caregiver.
The law took effect on March 11, 2019.
-
Republic Act No. 7877, known as the Anti-Sexual Harassment Act of 1995, declares all forms of sexual harassment unlawful in employment, education, or training environments in the Philippines.
Read more here.
-
The law covers all forms of gender-based sexual harassment (GBSH) committed in public spaces, educational or training institutions, workplace, as well as online space.
GBSH in street and public spaces is defined as acts which are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks.
Read more here.
-
The Republic Act No. 7192, also known as the Women in Development and Nation Building Act, is a landmark Philippine law approved on February 12, 1992, that promotes gender equality and ensures the full integration of women as equal partners with men in national development.
Read more here.
-
Republic Act No. 8972, also known as the Solo Parents' Welfare Act of 2000, is a Philippine law enacted on November 7, 2000, to provide a comprehensive package of social development and welfare services for solo parents and their children.
Read more here.
-
Republic Act No. 9262, known as the Anti-Violence Against Women and Their Children Act of 2004, is a Philippine law that penalizes physical, sexual, psychological violence, and economic abuse committed against women and their children by intimate partners.
Read more here.
-
Declaring November 25 of Every Year as the National Consciousness Day for the Elimination of Violence against Women and Children
-
Republic Act No. 8353, also known as the Anti-Rape Law of 1997, is a Philippine statute signed into law that expanded the definition of rape and reclassified it from a "crime against chastity" to a Crime Against Persons under the Revised Penal Code.
Read more here.
-
The Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003) and its amendment Republic Act No. 10364 (Expanded Anti-Trafficking in Persons Act of 2012) form the primary legal framework in the Philippines to eliminate human trafficking, protect victims, and penalize offenders.
Read more here.
-
The Anti-Child Pornography Act of 2009 or Republic Act No. 9775 is a comprehensive Philippine law enacted on November 17, 2009, designed to protect children from sexual exploitation and abuse.
-
Republic Act No. 7610, also known as the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act, is a comprehensive Philippine law enacted on June 17, 1992, designed to shield minors from all forms of abuse and exploitation.
-
Item description
-
Item description
-
The Responsible Parenthood and Reproductive Health Act of 2012, officially designated as Republic Act No. 10354 (commonly known as the RH Law), is a landmark Philippine law that guarantees universal access to medically safe, non-abortifacient family planning methods, reproductive health care, and sexual education, with a primary focus on the poor and marginalized.
Read more here.
-
The Domestic Workers Act (Republic Act No. 10361), also known as the Batas Kasambahay, was signed into law on January 18, 2013, to establish labor standards, social protection, and rights for household workers in the Philippines.
Read more here.
-
Item description