Unit IV- c.

Political – elected leaders, discriminatory laws, President of the United States;

POLITICAL-LEGAL PERSPECTIVE IN GENDER AND SEXUALITY d. Physical – strength, size, use of weapons, controlling access or security; soldiers, police,
robbers, gangs;
Lesson 15: GENDER-BASED VIOLENCE: SURVIVOR, VICTIMS, PERPETRATOR, AND
e. Gender-based (social) – males are usually in a more powerful position than females; and
HUMAN RIGHTS
f. Age-related – often, the young and elderly people have least power.
Gender-based violence – any harmful act that is perpetrated against a person’s will and that is based
on socially ascribed (gender) differences between males, and females. Power is directly related to choice. The more power one has, there more choices available. The
less power one has, fewer choices are available. Unempowered people have fewer choices and are
CONSEQUENCES OF GENDER-BASED VIOLENCE therefore, more vulnerable to abuse. GBV involves the abuse of power. Unequal power relationship are
 Health consequences - include unwanted pregnancies, complications from unsafe abortions, exploited or abused.
sexually transmitted infections including HIV, injuries, mental health, and psychological
effects (depression, anxiety, post-traumatic stress, suicide and death). USE OF FORCE/VIOLENCE
 Social consequences - extend to families and communities. Families can also be stigmatized
as a consequence of gender-based violence. For example, when children are born following a “Force” might be physical, emotional, social, or economic in nature. It may also involve
rape, or if family members choose to stand by the survivor, fellow members of their coercion or pressure. Force also includes intimidation, treats, persecution, or other forms of
community may avoid them. psychological or social pressure. The target such violence is compelled to behave as expected or to do
 Economic consequences - include the cost of public health and social welfare systems and what is being requested, for fear of real and harmful consequences.
the reduced ability of many survivors to participate in social and economic life.
Violence consists of the use of physical force or other means of coercion such as treat,
inducement, or promise of a benefit to obtain something from a weaker or more vulnerable person.
SURVIVOR, VICTIM, AND PERPETRATOR
Using violence involves forcing someone to do something against her/his will – use of force.
Survivor is the preferred term (not a “victim”) of a person who has lived through an incident
CYCLE OF VIOLENCE
of gender-based violence. A perpetrator is a person, group, of institution that inflicts, supports, of
condones violence or other abuse against a person of a group of persons. Characteristic of perpetrator
The cycle of violence refers to repeated acts of violence in a relationship. It starts with minor
included:
incidents and move on to more serious levels of violence. The cycle of violence may start in a child
a. person with real or perceived power
who is a victim or witness to violence and may be repeated when the child becomes an adult.
b. persons in decision-making positions; and
c. persons in authority.
In all incidents of GBV, there is always a survivor/victim and perpetrator. Therefore, all actions in the
prevention and responses to GBV need to address both the survivor and the perpetrator. LESSON 17: WOMEN AND THE LAW
assistance to women engaging in micro and cottage business
LESSON 16: GENDER-BASED VIOLENCE: POWER, USE OF FORCE, AND CONSENT enterprises.
 Republic Act 83533 (1997)-An act expanding the definition of the crime of rape, reclassifying the
Three important concepts behind GBV: Power, use of Force/Violence, and Informed Consent. same as a
crime against persons.

POWER  WOMAN IN NATION BUILDING LAW. Republic Act 7192 (1991) is an act promoting
Perpetrator can have “real” or “perceived” power. Some examples of different types of power the integration of women as full and equal partners of men in development and nation-
and powerful are the following: building. The law provides that a substantial portion of government resources be utilized to
a. Social – pressure, bullying, leader, teacher, parents; support programs and activities for women. The law also encourages the full participation and
involvement of women in the development process and to remove gender bias in all
b. Economic – the perpetrator controls money or access to good/services/money/favors;
government regulations and procedures.
sometimes the husband or the father;
 The laws listed below should always be remembered since these are the very basic laws on As it turned out, 447,725 women voted yes in the 1937 plebiscite. Interestingly, 44,307
women’s rights and women empowerment. women voted against the provision.

 1988 COMPREHENSIVE AGRARIAN REFORM LAW. Gave Filipino women the right Women’s Involvement in Civil Society
to own land that previously reverted to sons and other male family members. Women’s expression of involvement in civil society could be through organizing along gender-specific
 Republic Act 7688 (1994). An act giving representation to women in social security issues and formation of all-women groups within broad coalitions as power-enhancing mechanisms.
commission. Group such
 Anti-Sexual Harassment Law RA 7877 (1995). An act declaring sexual harassment to be as the PILIPINA feminist movement, the militant GABRIELA a women’s group, Ugnayan ng
unlawful in the employment, education or training environment. Kababaihan sa
 Republic Act 7822 (1995). An act providing assistance to women engaging in micro and Pulitika (UKP-Network of Women in Poitics), the KILOS KABARO (Act Sisters Coaliton), and
cottage business enterprises. SIBOL Legislative
 Republic Act 8353 (1997). An act expanding the definition of the crime of rape, reclassifying Network have trail blazed women advocacies both in policies and in legislations.
the same as a crime against persons. LESSON 18: VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT” OR
REPUBLIC ACT NO. 9262
National Programs The Republic Act 9262, or the Anti-Violence against Women and their Children (Anti-
Based on the Philippine laws stated, a myriad of projects, initiatives and processes on the gender
VAWC) Act of 2004, is a result of the strong advocacies on women’s human rights in the country.
challenge arose. This
This law was deemed to be a significant victory for all Filipino women as it was based on the right of
includes the following:
National Programs women not to suffer abuse, discrimination, and violence in their respective relationships.

Important features of the law include:

 Philippine Plan for Gender Responsive Development (1995-2025) - The
National Plan for Women that consolidates the action commitments of the Philippines 1. four kinds of violence against women and their children are defined – the law defined
during the Beijing World Conference on Women. This is the overall frame that is also the four kinds of violence – psychological, sexual, and economics – in its effort to encompass all
point of reference for the discussions and monitoring of gender mainstreaming. types of abuses inflicted to women and their children;
2. VAWC is a public crime – the crime is perpetrated not only against a single individual, but
 Gender and Development Budget (GAD). Integral to the national plan, it is aimed at
“institutionalizing gender concern in the mainstream development process and agenda against the entire society, thus, anyone who has personal knowledge of the abuse, violence, or
and not just peripheral programs and projects of the government.” Concretely, it discrimination can file a complaint;
prescribes for the allocation of 5% of the government agency’s/local government unit’s 3. Protection orders can be issued to the perpetrator – upon filling a case, the victim-
budget on gender-responsive activities and projects. survivor or anyone who has personal knowledge can apply for a protection order to enforce
distance between her and the perpetrator; and
 Framework Plan for Women (FPW). This plan identifies the concrete gender issues that 4. Stronger community mechanisms to respond to cases – various government agencies are
will be addressed, pinpoint targets and indicators, name programs, formulates the mandated to apply to respond or formulate mechanisms to respond to reported cases of
implementation plan, and set-up tools for monitoring and evaluation. VAWC immediately.
Women’s Right to Participate

Women’s right to vote was granted in 1937. The Constitution of 1935 stipulated that the right
of suffrage would be extended to women, only if 300,000 women voted in its favor during a national
plebiscite. This consolidated the emerging women’s movement and “brought to the fore the activism of
Rights of Victim-Survivors of VAWC Cases
such women as:
 Concepcion Felix de Calderon who formed the Asociacion Feminista Filipina in June 1905
RA 9262 specified the following as rights of the victim-survivors:
 Miss Constancia Poblete, founder of Liga Femenina de la Paz
 Pilar Hidalgo Lim, president of the National Federation of Women’s Clubs
 Josefa Llanes Escoda, founder of the Girl Scouts of the Philippines “Section 35. Rights of Victims―In addition to their rights under existing laws, victims of
violence against women and their children shall have the following rights:
(a) To be treated with respect and dignity;
 (b) To avail of legal assistance from the Public Attorney’s Office and the Department of In the Philippines, Republic Act No. 7877 or the “Anti-Sexual Harassment Act of 1995”
Justice or any public legal assistance office; defines work, education-, or training-related sexual harassment is committed by an employer,
(c) To be entitled to support services from DSWD and the LGUs (local government units); employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or
any other person who, having authority, influence, or moral ascendancy over another in a work or
(d) To be entitled to all legal remedies and support as provided for under the Family Code;
training or education environment, demands, request, or otherwise requires any sexual favor from the
and other, regardless of whether the demand, request, or requirement for submission is acceptable by the
(e) To be informed of their right to apply for a protection order. object of said Act.

LESSON 19: LAWS AND POLICIES ON VIOLENCE AND DISCRIMINATION OF THE THEORETICAL PERSPECTIVES OF SEXUAL HARASSMENT
MEMBERS OF LGBTQ+
Five widely accepted theories of sexual harassment that attempt to explain the phenomenon from
Definition of Terms: different angles and perspectives, to wit:
 Equal protection – requires that all persons or things similarly situated should be treated
alike, both as to the rights conferred and responsibilities imposed. 1. Natural/Biological Theory
 Due Process – principle that the Government must respect all of a person’s legal rights as According to this model, men have stronger sex derives, and therefore, biologically motivated to
this ensures that all laws and legal proceedings must be fair and equal for all. engage in sexual pursuit of women. Thus, the harassment behavior is not means to be offensive or
discriminatory, but is merely the result of biological urges. Its assumptions include a natural, mutual
Violence and Discrimination against LGBTQ+ Youth in Education attraction between men and women, a stronger male sex drive, and men in the role of sexual initiators.
A. Anti-Bullying Act of 2013 (Republic Act 10627) Anti-Bullying Act of 2013 (Republic Act A key strength of the natural/biological perspective is that it acknowledges the innate human
10627) includes gender-based bullying as a prohibited and punishable act. instincts potentially driving sexual aggressive behavior (Tangi et. al. 1982).
B. Child Protection Policy 2012. In cases where the bullying is committed by a Principal,
teacher or any other school personnel, the law, being violated is Department of Education 2. Sex Role Spillover Theory
Order No. 40 on Child Policy. This policy includes the protection of students from any form This theory is based on the proposition of irrelevant gender-based role expectations that individuals
of violence regardless of their sexual orientation or gender identity. bring to the workplace in guiding their interactions with women. Men hold role perceptions of women
C. Special Protection of Children Against Child Abuse, Exploitation, And Discrimination based on their traditional role in our culture. When women takes jobs outside of these traditional areas
Act of 1992 (Anti-Child Abuse Act or Republic Act 7610) Parent’s children who suffer to work in the male dominated workplace, men rely on this gender-based expectations when
abuse at the hands of teachers or members of the school’s administration violate RA 7610 or interacting with women therefore, perceiving women in their gender role over and above their work
Anti-Child Abuse Act. role.

3. Organizational Theory
Proponents of this theory propose that one of the central concepts that help to explain sexual
harassment is power. This Theory proposes that sexual harassment result from the opportunities
LESSON 20: DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, GENDER presented by power and authority relations which derive from hierarchical structures of
IDENTITY AND EXPRESSION (SOGIE) IN THE PHILIPPINES organizations (Gruber 1992).
 SOGIE – an acronym for Sexual Orientation, Gender Identity and Expression-aspects of This perspective emphasized that the structure of organizational hierarchy invests power in certain
gender of persons which must be considered and given attention. individuals over others, that can lead to abuse. Thus, sexual harassment is all about expression of male
 Anti-Discriminatory Bill – a proposed legislation before and public accommodation- power over women that sustains patriarchal relations.
related acts of discrimination against people based on their SOGIE.
4. Socio-cultural Theory
Lesson 21: Understanding Sexual Harassment
Socio-Cultural theories examine the wider social and political context in which sexual harassment is
 Sexual Harassment – it is an act or series of acts involving any unwelcome sexual created and occurs. According to this perspective, sexual harassment is a logical consequence of the
advance, request, or demand for sexual favor, or other verbal or physical behavior of sexual gender inequality and sexism that already exists in society (Gutek 1985; Thomas and Kitzinger
nature, committed by a government employee or official in a work related, training, or 1997).
related environment.
This theory asserts that women’s lesser status in the larger society is reflected at the workplace
structures and culture – thus, male dominance continues to be the rule. The Welfare Approach

5. Feminist Theory Until the early 1970s, development programs addressed the needs of women almost entirely within the
context of their reproductive roles. The focus was on mother and child health, child-care, and nutrition.
According to the feminist perspective, sexual harassment in linked to be the sexist male ideology of Population control-or family planning as it later came to be known-was a major focus as well due to
male dominance and male superiority in the society. Therefore, feminists’ theories view sexual the link made between population growth and poverty. The focus was clearly on meeting practical
harassment as the product of gender system maintained by a dominant, normative form of masculinity. needs.
Thus, sexual harassment exist because of the views on women as the inferior sex, but also sexual
harassment serves to maintain the already existing gender stratification by emphasizing sex role The Equity Approach
expectations (Gutek 1985).
Feminist calls for gender equality were important in bringing about this approach, the main aim of
Lesson 22: WOMEN’S ISSUES IN DEVELOPMENT which was to eliminate discrimination. It emphasized the re-valuing of women's contribution and share
of benefits from development. The equity approach also dealt with both the productive and
 Women in Development – approach of development projects that emerged in the 1960s, calling reproductive roles as a responsibility of government.
for treatment of women’s issues in development projects. The main task of WID, was to improve
women's access to resources and their participation in development. The WID approach The equity approach, in contrast to the welfare approach, saw women as active participants organizing
emphasized the importance of the integration of women into development programs and planning. to bring about necessary changes.
Accordingly, this was the best way to improve women's position in society.

The WID approach, although it had limitations, increased the visibility of women in development The Anti-Poverty Approach
issues. WID served as the starting point of making known to the international community that the This approach focuses on both the productive and reproductive role of women with an emphasis on
sector of women has to be part of programs for development. satisfaction of basic needs and the productivity of women. A key operational strategy required access
to income generation and waged employment. The tendency with this approach was to reinforce the
 Women and Development – approach comes from the perspective that equality will be essential basic needs and ignore the strategic needs of women.
to improving women’s positions, but still frames change in terms of providing women access to
the productive sector. The Efficiency Approach

WAD asserts that women have always been important economic actors. The main focus of WAD The efficiency approach aims to have increased production and economic growth with an emphasis on
is on the interaction between women and development Processes rather than purely on strategies full use of human resources. Advocates of this approach argue that gender analysis makes good
to integrate women into development. economic sense.

 Gender and Development – was developed in the 1980s, steeped away from both WID and The efficiency approach succeeded in bringing the concerns about women and gender into the
WAD and was founded in socialist-feminist ideology (Rathgeber 1990, 493). The GAD approach mainstream of development. However, this was done with a focus on what women could do for
holds that the oppression of women stems largely from a neoliberal focus on improving women’s development, rather than on what development could do for women.
reproductive and productive capacities.
The Empowerment Approach
In the 1980s, further reflections on the development experiences of women gave rise to Gender
and Development (GAD). It brought together both the lessons learned from, and the limitations of, The aim of the empowerment approach is to increase the self-reliance of women and to influence
the WID and WAD approaches. change at the policy, legislative, societal, economic, and other levels to their advantage. Its main
strategy is awareness-raising and situates women firmly as active participants in ensuring change takes
GAD looks at the impact of development on both women and men. It seeks to ensure that both place.
women and men participate in and benefit equally from development and so, emphasizes equality
of benefit and control. It recognizes that women may be involved in development, but not The empowerment approach has been instrumental in ensuring that opportunities are opened for
necessarily benefit from it. women to determine their own needs. However, empowerment has often been misunderstood to be an
end rather than a means. This has resulted in poor women becoming very knowledgeable about issues
Practical Approaches to the Development of Women while realizing little change to their material situation, which is often dire.
Lesson 23: GENDER INEQUALITY IN MARRIAGE AND CRIMINAL LAWS Further, it also recognizes that" if the offender is the legal husband x x x the subsequent forgiveness by
the wife who is the offended party x x x shall extinguish the criminal action or the penalty.
 Marriage - a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of This perpetuates violence under the shroud of marriage which can perpetuate these kinds of abuses for
the family and an inviolable social institution. a long period of time.

Marriage laws in the Philippines are only based on sex and not on gender. In the 1987 Philippine EXCLUSIVE DEFINITION OF PROSTITUTION
Constitution, marriage is stated as "an inviolable social institution, is the foundation of the family and
shall be protected by the State". (Art. XV, Section 2, 1987 Article 202 of the Revised Penal Code, amended by Republic Act No. 10158, retained the decades-old
Constitution) definition of prostitutes as "women who, for money or profit, habitually engage in sexual intercourse
or lascivious conduct x x x".
THE PRIMACY OF THE DECISION OF THE HUSBAND/FATHER
Following this definition, a man who peddles sexual acts for profit, is in effect, invisible in the eyes of
On the administration and enjoyment of community property or conjugal partnership, Articles 96 and law, thus, making the actor thereof immune to imprisonment.
124 of the Family Code provide that:

"Art. 96. The administration and enjoyment of the community property shall belong to both spouses  RA 10354 - "Responsible Parenthood and Reproductive Health Act of 2012", also known
jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by as the "RH Law" was primarily enacted on a vision that the poor will have access to
the wife for proper remedy, which must be availed of within five years from the date of the contract Reproductive Health (RH) goods and services which they cannot afford. With this law, the
implementing such decision x x x" poor will likely have sufficient access to information about the proper use and effectiveness of
these RH products.
"Art. 124. The administration and enjoyment of the conjugal partnership shall belong to both spouses  RA 9710, known as the Magna Carta of Women, enacted in 2009, recognizes that equality
jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by of men and women entails the abolition of the unequal structures and practices that perpetuate
the wife for proper remedy, which must be availed of within five years from the date of the contract discrimination and inequality. It is an overall legislative framework that articulates the
implementing such decision x x x" specific rights, needs, and support required by women in their general and working lives.
 RA 10361 known as the "Batas Kasambahay (Domestic Workers Act)was signed n early
HIGHER BURDEN ON WOMEN/WIVES THAN MEN/HUSBANDS 2013 by President Aquino in order to better protect this large group of mostly young, female
workers.
The crimes of adultery and concubinage include the concept of marital infidelity. Adultery involves a
wife who engages into sexual intercourse with a man not her husband. On the other hand, concubinage • May 17- International Day against Homophobia and Transphobia –IDAHOT
involves a husband who has: (1) sexual intercourse with a woman not his wife under scandalous • May 31-International Transgender Day of Visibility
circumstances; (2) kept another woman in the conjugal home; or (3) cohabiting with another woman in • November 20-Transgender day of Remembrance
another dwelling. • June- June Pride Month

Here, for the crime of adultery to be proven-the mere sexual intercourse with a man not her husband-
will suffice. In contrast, for the crime of adultery-the sexual intercourse must be committed under
scandalous circumstances-not a mere sexual intercourse.

FORGIVENESS CLAUSE IN THE CRIME OF RAPE (RA 8353 OR THE ANTI-RAPE LAW)

The Anti-Rape Law (RA 8353) contains a clause that can easily exonerate the offender and can
further endanger the victim.

In the law, it was stated that: "subsequent valid marriage between the offender and the offended party
shall extinguish the criminal action or the penalty imposed." This gives an easy-way out for the
offender, which in effect, does not bar him from committing the crime.