Module 4

Week 9-11
Political-Legal Perspective
in Gender and Sexuality

Introduction

Gender-based violence is one of the most widespread

and human rights abuses, but least recognized in the world.
It refers to any harm perpetrated against a person’s will on
the basis of gender, the socially ascribed differences between
males and females.
This module will determine the relationship between
human rights and gender-based violence. We will also
explore the meaning of the three important concepts behind
gender-based violence. This module will discuss about the
various law affecting women and their rights as well. This
module discusses the important provisions in Republic Act
9262 and comprehend important cases involving the said
law. We will also determine the salient Philippine laws and
policies for protection of rights of members of LGBTQ.
This module discusses about the widespread and
systematic human rights violations and discriminations on
the basis of sexual orientation, gender identity and
expression persisting in the Philippines. The module
discussion will pertain acts of discrimination to the various
rights which the members of the LGBTQ possess.

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 Learning Resources
Learning Outcomes

At the end of the module, the students will able to: Visit:
What is Gender-Based Violence
a. Identify gender-based violence as a human rights https://www.youtube.com/watch?v=3AF9Rjki0DE
issue.
b. Understand the impact of Philippine law to the rights Learning Content
of Filipino women and society.
c. Discuss the provisions of RA 9262. Section 1: Gender-Based Violence
d. Determine the various Philippine Laws and Policies for
protection of rights of members of LGBTQ+. Consequences of Gender-Based Violence
e. Formulate activities and programs to address these
human rights violations and discriminations on the These consequences include serious, immediate, and
basis of SOGIE. long-term impacts on the sexual, physical, and psychological
health of survivors.
Health consequences include unwanted pregnancies,
Pre-Competency Checklist complications from unsafe abortions, sexually transmitted
infections including HIV, injuries, mental health, and
Pre-Work: Read the scenario and reflect on the succeeding psychosocial effects (depression, anxiety, post-traumatic
question. stress, suicide and death). Violence also affects children’s
survival, development, and school participation.
In a very traditional and patriarchal family, the father of a 19-
year-old girl says that she was arranged to marry a certain Social consequences extend to families and
man, the girl does not know the man very well. The man is communities. Families can also be stigmatized as a
much older than she is, but she agrees to the marriage in consequence of gender-based violence. For example, when
respect to her parent. This was happened when the father children are born following a rape, or if family members
discovered that her daughter had a relationship with her girl choose to stand by a survivor, fellow members of their
best friend. community may avoid them.
Economic consequences include the cost of public
health and social welfare systems and the reduced ability of
If you are in the situation, will you do the same decision as
many survivors to participate in social and economic life.
the girl did? Why or why not?
If you will be the father, would you do the same thing?

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  the right to the highest attainable standard of physical
SURVIVOR, VICTIM, AND PERPETRATOR and mental health;
 the right to freedom from torture or cruel, inhuman,
Survivor is the preferred term (not a “victim”) of a or degrading treatment or punishment;
person who has lived through an incident of gender-based  the right to freedom of opinion and expression and to
violence. A perpetrator is a person, group, or institution that education; (UNFPA 2014).
inflicts, supports, or condones violence or other abuse
against a person or group of persons. Characteristics of POWER, USE OF FORCE AND CONSENT
perpetrators include:
Power
a. Persons with real or perceived power;
b. persons in decision-making positions, and Perpetrators can have “real” or “perceived” power.
c. persons in authority. Some examples of different types of power and powerful
people are the following:
In all incidents of GBV, there is always a survivor/victim
and a perpetrator. Therefore, all actions in the prevention a. social- peer pressure, bullying, leader, teacher,
and responses to GBV need to address both the survivor and parents;
the perpetrator. b. economic- the perpetrator controls money or access
to goods/services/money/favors; sometimes the
husband or the father;
c. political- elected leaders, discriminatory laws,
Human Rights President of the United States;
d. physical- strength, size, use of weapons, controlling
Human rights are universal, inalienable, indivisible,
access or security; soldiers, police, robbers, gangs;
interconnected, and interdependent. Everyone is entitled to
e. gender-based (social)- males are usually in a more
all the rights and freedoms without distinction of any kind, powerful position than females; and
such as race, color, sex, language, religion, political or other f. age-related- often, the young and elderly people have
opinion, national or social origin, property, birth, or other the least power.
status.
Power is directly related to choose. The more power one
Prevention of and response to gender-based violence is
has, there are more choices available. The less power one
directly linked to the protection of human rights. Acts of
has, fewer choices are available. Unempowered people have
gender-based violence violate a number of human rights
fewer choices and are therefore, more vulnerable to abuse.
principles enshrined in international human rights
GBV involves the abuse of power unequal power
instruments and in our Philippine Constitution.
relationships are exploited or abused.
These include the following, amongst others:

 the right to life, liberty, and property of persons;

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 Use of Force/Violence lonely, lose self-confidence, blame themselves, lose sleep,
and pick up fights with peers.
“Force” might be physical, emotional, social, or
economic in nature. It may also involve coercion or pressure. Children should understand that having conflicts is
Force also includes intimidation, threats, persecution, or alright, but resolving conflict through violence is not right
other forms of psychological or social pressure. The target of when children understand that violence is not acceptable,
such violence is compelled to behave as expected or to do they will grow up into adults who respect other people.
what is being requested, for fear of real and harmful
consequences.
Section 2: Women and the Law
Violence consists of the use of physical force or other
means of coercion such as threat, inducement, or promise of The 1987 Constitution
a benefit to obtain something from a weaker or more
vulnerable person. Using violence involves forcing someone The Philippines is known for its very liberal and
to do something against her/his will—use of force. progressive Constitution that was formulated during the
euphoria of People Power Revolution in 1986. Gender
Informed Consent equality is a key element of this Charter and as enshrined in
Article II Section 14 of the 1987 Constitution, “the State
Consent means saying “yes,” agreeing to something.
recognizes the role of women in nation-building and shall
Informed consent means making an informed choice freely
ensure the fundamental equality before the law of women and
and voluntarily by persons in an equal power relationship.
men.”
Acts of GBV occur without informed consent. Even if
Considering the unequal gender relations in the
she says “yes,” this is not true consent because it was said
country, the Constitution further provided for women
under duress-the perpetrator(s) used some kind of force to
representation (as one of the nine marginalized sectors) in the
get her to say yes. Children (under age 18) are deemed
legislature through the party-list system (which should cover
unable to give informed consent for acts such as female
20% of the lower house).
genital cutting (FGC), marriage, sexual relations, etc.
Finally, Article 13 Section 14 specifically mentioned
Cycle of Violence
that the “State shall protect working women by providing safe
The cycle of violence refers to repeated acts of violence and healthful working conditions, taking into account their
in a relationship. It starts with minor incidents and moves on maternal functions, and such facilities and opportunities that
to more serious levels of violence. The cycle of violence may will enhance their welfare and enable them to realize their full
start in a child who is a victim or witness to violence and potential in the service of the nation”.
may be repeated when the child becomes an adult.
The impact of being a victim or a witness to violence
on a child is traumatic. It can make a child scared, unhappy,

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 Various Laws Promoting Gender Equality
Republic Act 7688 (1994). An act giving representation
The legal framework provided for by the 1987 to women in Social Security Commission.
Constitution resulted to various legislations promoting  Anti-Sexual Harassment Law. RA 7877 (1995). An
gender equality. These legislations include the following: act declaring sexual harassment to be unlawful in the
employment, education, or training environment.
 Local Government Code of 1991. Provides for the  Republic Act 7822 (1995). An act providing
election of sectoral representation, including women, assistance to women engaging in micro and cottage
in local legislative councils. business enterprises.
 Party List Law. Provides for the creation of women-  Republic Act 8353 (1997). An act expanding the
oriented or women-based parties to compete under the definition of the crime of rape, reclassifying the same
party-list system. Women is one of the nine sectors as a crime against persons.
identified in the law.
 Labor Code (1989). Covers issues, such as night work National Programs
prohibition, specifies that employers must provide
special facilities for women, prohibition of Based on the Philippine laws stated, a myriad of
discrimination against women in respect to terms and projects, initiatives, and processes on the gender challenge
conditions of employment, and prohibition of arose. This includes the following:
discrimination by reason of marriage of a woman
worker.  Philippine Plan for Gender Responsive
 Women in Nation Building Law. Republic Act 7192 Development (1995-2025). The National Plan for
(1991) is an act promoting the integration of women Women that consolidates the action commitments of
as full and equal partners of men in development and the Philippines during the Beijing World Conference
nation-building. The law provides that a substantial on Women. This is the overall frame that is also the
portion of government resources be utilized to support point of reference for the discussions and monitoring
programs and activities for women. The law also of gender mainstreaming.
encourages the full participation and involvement of  Gender and Development Budget (GAD). Integral to
women in the development process and to remove the national plan, it is aimed at “institutionalizing
gender bias in all government regulations and gender concerns in the mainstream development
procedures. process and agenda and not just peripheral
In relation to gender budgeting, the law programs and projects of the government”.
specifically mandated all agencies to allocate a Concretely, it prescribes for the allocation of 5% of the
minimum of 5%, increasing to 30%, of all official government agency’s/local government unit’s budget
development funds in mainstreaming gender on gender-responsive activities and projects. As a
concerns. result, implementation of the development programs
 1988 Comprehensive Agrarian Reform Law. Gave and policies of government also means women
Filipino women the right to own land that previously partaking a role in governance. As primarily
reverted to sons and other male family members. stakeholders in the development process, women have

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 the right to maximize their involvement in governance,
be it at the local or national level. At present, women’s right to vote and participate are
 Framework Plan for Women (FPW). This is part of maintained and further protected by existing laws at hand.
the Philippine Plan for Women developed to focus on
three thrusts, namely: promoting women’s economic Women’s Involvement in Civil Society
empowerment; advance and protect women human
Women’s expressions of involvement in civil society
rights, and promote gender responsive governance.
This plan identifies the concrete gender issues that could be through organizing along gender-specific issues and
will addressed, pinpoint targets and indicators, name formation of all-women groups within broad coalitions as
programs, formulates the implementation plan, and power-enhancing mechanisms. Groups such as the PILIPINA
set-up tools for monitoring and evaluation. feminist movement, the militant GABRIELA women’s group,
the Ugnayan ng Kababaihan sa Pulitika (UKP- Network of
Women’s Right to Participate Women in Politics), the KILOS KABARO (Act Sisters
Coalition), and SIBOL Legislative Network have trail blazed
Women’s right to vote was granted in 1937. The
women advocacies both in policies and in legislations.
Constitution of 1935 stipulated that the right of suffrage
would be extended to women, only if 300,000 women voted There also exist a so-called “Philippine NGO Beijing
in its favor during a national plebiscite. This consolidated the Score Board” which evolved from the National Steering
emerging women’s movement and “brought to the fore the Committee (NSC) of NGOs for the United Nations Fourth
activism of such women as Concepcion Felix de Calderon World Conference on Women, and this lead in the national
who formed The Asociacion Feminista Filipina in June 1905, monitoring of the government’s implementation of the Beijing
Rosa Sevilla de Alvero and a young Trinidad Almeda, Miss Platform for Action.
Constancia Poblete, founder of Liga Femenina de la Paz, Pura
Villanueva Kalaw and Paz Mendoza Guazon, Pilar Hidalgo Along with other women groups and gender-oriented
Lim, President of the National Federation of Women’s Clubs institutions, they have succeeded in raising gender-specific
and Josefa Llanes Escoda, president of the Girl Scouts of the issues such as domestic violence, prostitution, reproductive
Philippines” (Ugnayan ng kababaihan Pulitika 1998). health, sexual harassment, and rape. Intense lobbying efforts
by the women’s groups resulted in the passage of several
The General Council of Women was then established landmark laws, among them is the anti-sexual harassment
in Manila to direct the plebiscite campaign. Its aim was to law in 1995 and the anti-rape act in 1997. The gains of the
draw the support of the broadest number of women. As it women’s movement are basically achieved through various
turned out, 447.725 women voted yes in the 1937 plebiscite. partnerships with the rest of the civil society.
Interestingly, 44,307 women voted against the provision.
What followed was a colorful history of women’s foray into Women in Education
the various levels of electoral victories, but generally pushed
by familial affiliation and elite association.

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 The Philippine educational system is a combination of
public and private institutions with the State providing free
education for elementary and secondary levels. The

Important features of the law include:

Constitution provides that without “limiting the natural
rights of parents to rear their children, elementary education
1. Four kinds of violence against women and children
is compulsory for all children of school age… (Article VIX, are defined-the law defined four kinds of violence-
Section 2). physical, psychological, sexual, and economic-in its
There is no general discrimination of girls in effort to encompass all types of abuses inflicted to
women and their children;
education, thus, there is no marked differences existing in
2. VAWC is a public crime-the crime is perpetrated not
the educational status of Filipino women and men. One
only against a single individual, but against the entire
glaring issue is the gender stereotyping of fields of study and society, thus, anyone who has personal knowledge of
specialization and its onward translation into the world of the abuse, violence, or discrimination can file a
work where men generally occupy the highest occupational complaint;
ranks and the highest paying positions. 3. Protection orders can be issued against the
perpetrator-upon filing the case, the victim-survivor
Women’s larger responsibility for housework and for
or anyone who has personal knowledge can apply for a
the family impedes their ability to use their educational protection order to enforce distance between her and
training and skills for remunerative work. the perpetrator; and
The topics previously discussed are always timely, 4. Stronger community mechanisms to respond to
cases-various government agencies are mandated to
relevant, and part and parcel of the daily lives of the
aptly respond or formulate mechanisms to respond to
Filipinos. These only show the degree of importance that
reported cases of VAWC immediately.
must be given to these topics.
Protection Orders

Section 3: Violence Against Women and their Children A protection order under the Anti-VAWC Law is
Act or RA No. 9262 defined as: “an order issued for the purpose of preventing
further acts of violence against a woman and her child
The Republic Act 9262, or the Anti-Violence against specified in Section of this Act and granting other
Women and their Children (Anti-VAWC) Act of 2004, is a necessary relief. The relief granted under a protection
result of the strong advocacies on women’s human rights in order should serve the purpose of safeguarding the
the country. This law was deemed to be a significant victory victim, minimizing any disruption in the victim’s daily life,
for all Filipino women as it was based on the right of women and facilitating the opportunity and ability of the victim to
not to suffer abuse, discrimination, and violence in their independently gain control of her life.”
respective relationships.

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 10.directing the Department of Social Welfare and
Development (DSWD) or any appropriate agency to
provide temporary shelter and other social services
that the petitioner may need; and

The law enumerates the following reliefs that may be

availed of through a protection order: 11.provision of other forms of relief as may be necessary
to protect and provide for the safety of the petitioner.
1. prohibition of the respondent (perpetrator) from
threatening to commit or committing personally or Rights of Victim-Survivors of VAWC Cases
through another, any of the acts penalized by the
Anti-VAWC law; RA 9262 specified the following as rights of the victim-
2. prohibition of the respondent from harassing, survivors:
annoying, telephoning, contacting, or otherwise,
communicating with the petitioner (victim-survivor) “Section 35. Rights of Victims-In addition to their rights
directly or indirectly; under existing laws, victims of violence against women
3. removal and exclusion of the respondent from the and their children shall have the following rights:
residence of the petitioner whether temporarily or
permanently; (a) to be treated with respect and dignity:
4. directing the respondent to stay away from the (b) to avail of legal assistance from the Public Attorney
petitioner and any designated family or household Office and the Department of Justice or any public
member at a distance specified by the court; legal assistance office;
5. directing lawful possession and use by the petitioner (c) to be entitled to support services from the DSWD and
of an automobile and other personal effect regardless the LGUs (local government units);
of ownership: (d) to be entitled to all legal remedies and support as
6. granting temporary permanent custody of a provided for under the Family Code; and
child/children to the petitioner; (e) to be informed of their right to apply for a protection
7. directing the respondent to provide support to the order.”
woman and/or her child if entitled to legal support;
8. prohibition of the respondent from any use or The right to privacy of the victim is also provided in the
possession of any firearm or deadly weapon and order law, and its violation is punishable by imprisonment and
him to surrender the same, including revocation of fine.
license and disqualification to apply for any license to
use or possess a firearm; Duties of National and Local Government Offices
9. restitution for actual damages caused by violence
Section 39 of RA 9262 provides for the creation of the
inflicted including property damage, medical
expenses, and loss of income; Inter Agency Council on Violence Against Women and their
Children (1AC-VAWC), which shall formulate gender-
sensitive programs and projects according to their respective

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 agency mandates, including capability building programs for (g) ensure that all barangay officials, barangay health
their employees. workers, barangay nutrition scholars, other barangay
workers, and tanod or barangay security officers
The IAC-VAWC consists of the following agencies: undergo gender sensitivity seminars to enable them to
DSWD National Commission on the Role of Filipino Women, respond to victims of violence;
Civil Service Commission, Commission on Human Rights, (h) develop a system to document and report cases of
VAWC and assistance program to victims thereof; and

Council for the Welfare of Children, Department of Justice,

Department of Interior and Local Government, Philippine
National Police Department of Health, Department of
Education, Department of Labor and Employment, and (i) If applicable / necessary, prescribe additional
National Bureau of Investigation. guidelines and standards provided that these are
consistent with the Act.
The implementing rules and regulations of the Anti-
VAWC Act state the following duties and responsibilities of
LGUs or the Barangay in addressing VAWC cases, apart from Section 4: Laws and Policies on Violence and
the issuances of Barangay Protection Orders: Discrimination of the members of LGBTQ+

“Section 47. Duties and Functions of Barangay Officials-In The 1987 Constitution (Equal Protection and Due
order to eliminate violence against women and their children, Process Clause) the 1987 Philippine Constitution states that:
barangay officials shall: “The State values the dignity of every human person and
guarantees full respect for human rights.” Apart from this,
(a) Undertake an education program on Republic Act No. the 1987 Constitution enshrines in its due process and equal
9262 and on violence against women and their protection clauses that: “No person shall be deprived of life,
children and why it exists, the rights and remedies of liberty, or property without due process of law, nor shall any
victim- survivors, and the duties of residents and all person be denied the equal protection of the laws.” (Article 3,
barangay officials; Sec 1, 1987 Philippine Constitution).
(b) have a family violence prevention program, including
peer counseling for men; As the fundamental law of the land, the guarantees on
(c) support organizing efforts and development programs equality, lawful processes, and the paramount consideration
for women in the community; on ensuring human dignity and respect for human rights in
(d) prioritize livelihood projects for victim-survivors; these provisions serve as the basis for the protection of the
(e) involve women in planning and implementation of all rights of members of the LGTBQ+.
programs and projects in the barangay;
(f) have an Anti-VAWC desk officer in the barangay who The 2010 Supreme Court Decision in the “Ang Ladlad”
shall coordinate a one-stop help desk. As much as case (Ang Ladlad LGBT Party vs. Comelec GR 190582 8 April
possible, this help desk shall be open for 24 hours; 2010) considered the breadth of the equal protection clause

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 in the Constitution. The court ruled in favor of allowing “Ang In cases where the bullying is committed by
Ladlad to be a party-list reasoning that: principal, teacher or any other school personnel, the
law being violated is Department of Education Order
“From the standpoint of the political process, the No. 40 on Child Protection Policy. This policy includes
lesbian, gay, bisexual, and transgender have the same the protection of students from any form of violence
interest in participating in the party-list system on the regardless of their sexual orientation or gender
same basis as other political parties similarly situated. identity.
Hence, laws of general application should apply with
equal force to LGBTs, and they deserve to participate C. Special Protection of Children Against Child
in Abuse, Exploitation, and Discrimination Act of
1992 (Anti-Child Abuse Act or Republic Act 7610)
Parents of children who suffer abuse at the
hands of teachers or members of the school’s

the party-list system on the same basis as other

marginalized and under-represented sectors.”
administration violates RA 7610 or the Anti-Child
Violence and Discrimination Abuse Act.
Such cases can cover instances of physical,
Despite widespread anecdotal evidence of crimes psychological injury, or cruelty on the basis of the
perpetrated against the LGBTQ Community in the child’s SOGIE.
Philippines, most data on these cases have not undergone
official verification and collation. Violence and Discrimination against LGBTQ+ in the
Workplace
In March 2016, the Trans Murder Monitoring Project
listed 41 reported cases of transgender people murdered in a. The Labor Code of the Philippines (PD 442)
the country since 2008.
The Labor Code is the national law covering employment
Violence and Discrimination against LGBTQ+ Youth in
for the private sector in the Philippines. With the exception of
Education
prohibitions against discrimination of women, it does not
contain any provision that prohibits discrimination on the
A. Anti-Bullying Act of 2013 (Republic Act 10627)
Anti-Bullying Act of 2013 (Republic Act 10627) basis of gender identity, particularly on the members of the
includes gender-based bullying as a prohibited and LGBTQ+.
punishable act. Nonetheless, while the law is quiet on gender identity and
Gender-based bullying is defined as “any act
expression, it is clear in its Declaration of Policy (Article 3)
that humiliates or excludes a person on the basis of
that the State shall afford protection to labor, promote full
perceived or actual sexual orientation and gender
identity (SOGI) (Republic Act No. 10627). employment, ensure equal work opportunities.”
Clearly, the mandate for equal opportunity in
B. Child Protection Policy 2012 employment is clear. But the reality shows a different picture

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 since members of the LGBTQ+ encounter hardship in a ground, if a LGBTQ+ civil servant is harassed verbally by
accessing work opportunities because of discrimination. co-workers, they would be able to rely on the generic
protection from derogatory and degrading remarks”.
The absence of a national law that explicitly prohibits
discrimination on the basis of gender identity makes it easier
for employers to hide behind fabricated reasons for not
accepting, firing, or depriving members of the LGBTQ of their Section 5: Discrimination on the Basis of SOGIE in the
employment benefits. Often, policies on uniform, documents, Philippines
and use of comfort rooms are used against members of the
LGBTQ+ employees and even applicants. Articles 2(1), 3, and 26 of the Convention provide for
the respect, equality, and non- discrimination of all
individuals on the grounds of, inter alia, race, color, and sex.

b. CSC No. 01-0940-the Civil Service Commission’s In the landmark decision of Toonen v Australia in
Policy on Anti-Sexual Harassment 1994, it is found not only that the reference to “sex” in
The Civil Service Commission Administrative Articles 2(1) and 26 must be taken to include sexual
Disciplinary Rules on Sexual Harassment Cases orientation, but also that laws which criminalize consensual
includes other less grave, punishable offences. These homosexual acts expressly violate the privacy protections of
include prohibiting derogatory and degrading remarks the law.
or innuendoes directed toward the members of one’s
sex, or one’s sexual orientation or used to describe a National and Local Policies
person”.
LGUs from different cities all over the Philippines have
This Rule applies to all government entities that fall been proactive in passing and filing city ordinances banning
under the Civil Service jurisdiction. LGBT discrimination.

The policy is important because it explicitly covers Presently, the Anti-Discriminatory Bill is still pending
derogatory remarks regarding sex, sexual orientation, or before the Congress. This bill is expected to be signed into
other remarks that are used as description of a person with law before the end of the Duterte Administration. Prior to
the intention to insult. In addition, this policy for government these bills, several LGUs have enacted ordinances and
agencies does not require that the offender has moral resolutions to address these issues.
ascendancy over the victim. In Quezon City, anti-discrimination in employment
The fact that the perpetrator and the victim are of the was enacted in 2004 and LGBT- friendly provisions are
same level or position will not preclude the victim from filing supplemented in the Quezon City Gender and Development
a case. While gender identity is not specifically mentioned as Ordinance. Albay Province and Bacolod City passed an anti-
discrimination ordinance. Angeles City not only passed anti-

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 discrimination legislation, but created a Gay Rights Desk as Homophobia, the stigma and prejudice toward LGBT
well. persons, are very present within Filipino society, creating a
dangerous climate of hostility toward LGBT people.
In the House of Representatives, Representative
Raymond Palatino of the Kabataan Party list filed House LGBT youth are often targeted by parents who, upon
Resolution No.1333, which seeks to investigate prejudicial, discovering their child’s sexual orientation and/or gender
discriminatory, and unjust practices and policies against identity, feel compelled to inflict physical harm on them out
LGBT students implemented and tolerated in schools, of frustration or in an attempt to prevent their child from
partnering with the DepEd and other government agencies to expressing their sexuality.
explore the inclusion of a Comprehensive Gender Curriculum
Discrimination by the Catholic Church
on basic and secondary education and in vocational and
technical school to incorporate discussion on issues of LGBT The Catholic Bishops Conference of the Philippines
persons. (CBCP) and Episcopal Commission on Family and Life (ECFL)
has been fervently demanding Congress for the removal of
sex,

In May of 2012, the DepEd issued DepEd Order No.40

gender, sexual orientation and gender identity” in the
or, “The DepEd Child Protection Policy to guarantee the
comprehensive anti-discrimination ordinances filed in the
protection of children in schools from any form of violence,
Senate and in the House of Representatives, claiming that its
abuse, or exploitation regardless of sexual orientation and
inclusion will only create problems regarding ethics,
gender identity.
marriage, the family and religious freedom” and reasons that
Effect of State Discrimination in Society the difference in sex or gender does not belong to the same
level as the difference in race, color, religion, or ethnicity”.
The State’s treatment of LGBT individuals intensifies
discrimination on the basis of SOGIE within Philippines Antagonists of the anti-discrimination bill claim that
society and social institutions. the passage of an anti- discrimination legislation will open
the door for same-sex marriages. A provision allowing for
Being young and not conforming to the gender roles
same-sex marriage was not present in the anti-
assigned to one’s sex increases the risk of discrimination and
discrimination bill at the time of its introduction first filing
abuse for LGBT persons. This victimization is aggravated by
and has never been added.
the absence of support mechanisms and school policies
addressing this concern, as well as the failure of schools to
safeguard students from being abused by other students,
Participation of the members of LGBTQ+ in Public Life
staff, administrators, and teachers. The discrimination LGBT
students face in schools not only violates the right to be free Article 25 of the Convention provides for the right of
from discrimination but prevents these individuals from the each citizen to participate in public affairs, to vote, and to
enjoyment of numerous other rights in the Covenant as well. have equal access to public service in the country. These

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 rights are provided free of unreasonable restriction and free
from distinctions made on the basis of sex, which as
mentioned above, includes sexual orientation. Section 6: Understanding Sexual Harassment

Discrimination in the Military Sexual Harassment

Through their media announcements, it seems on the Harassment and sexual harassment are recognized
surface that the Philippine Military and the police are as a form of discrimination on the grounds of sex and, thus,
adhering to the non-discrimination clause of the Philippine are contrary to the principle of equal treatment between men
Constitution (Art 2) and the ICCPR by its declaration of and women (Numhuser-Henning and Laulom 2012).
openness to admit gays, lesbians, and bisexual persons in
military and police service. Like many other crimes, sexual harassment is all
about power, control, and domination. International Labor
Upon closer inspection, the additional conditions Organization (ILO) (2001) defined sexual harassment as a
required from gay, lesbian, and bisexual applicants and sex-based behavior that is unwelcome and offensive to the
recipient. Thus, sexual harassment is not merely a problem
of

cadets demonstrate lingering prejudices and negative

stereotypes toward LGBT person. Also, the military’s
apparent strict adherence exclusively towards heterosexist safety and health and unacceptable working conditions, but
gender binary (masculine and feminine) roles discriminate is also a form of violence primarily against women (ILO
against those that fall short to this standard and are 1992).
considered as the benchmark of what constitutes being
decent, proper and respectful. In the Philippines, Republic Act No. 7877 or the
“Anti-Sexual Harassment Act of 1995” defines work-,
The generalized negative stereotyping of LGBT persons education, or training-related sexual harassment is
and the misconception that a person’s sexual orientation committed by an employer, employee, manager, supervisor,
defines one’s gender expression are most evident on the agent of the employer, teacher, instructor, professor, coach,
common position of the APF, PNP and PMA towards gay and trainer, or any other person who, having authority, influence,
effeminate behavior. or moral ascendancy over another in a work or training or
education environment, demands, requests, or otherwise
The identification of sources of discrimination is vital
requires any sexual favor from the other, regardless of
so that you will know how these acts are committed or
whether the demand, request, or requirement for submission
performed by the social institutions, their respective actors.
is accepted by the object of said Act.
The unified output can result to a class program or activity
addressing this concern.

Theoretical Perspectives of Sexual Harassment

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 Sexual harassment cannot be understood from the When women take jobs outside of these traditional
perspective of a single theory, but it is always a combination areas to work in the male dominated workplace, men rely on
of different predictors. Previous researchers have looked at these gender-based expectations when interacting with
sexual harassment using a number of frameworks including women therefore, perceiving women in their gender-role, over
organizational approach, feminist theory, role theory, and and above their work role. Therefore, men are more likely to
attributional models of sexual harassment. However, all sexualize their experiences, including work experiences, and
these models share common basic assumptions and can be are therefore, more likely to make sexual remarks or engage
labelled as socio-cultural models of sexual harassment in sexualized behavior, thus accounting for the fact that
(Sheets and Braver 1999). women experience more sexual harassment. (Barbara Gutek
1982).
However, there have been five widely accepted theories
of sexual harassment that attempt to explain the Organizational Theory
phenomenon from different angles and perspective, to wit:
Proponents of this theory propose that one of the
Natural/Biological Theory central concepts that helps to explain sexual harassment is
power (Cleveland and Kurst 1993). This theory proposes that
According to this model, men have stronger sex
sexual harassment results from the opportunities presented
derives, and are therefore, biologically motivated to engage in
by power and authority relations which derive from
sexual
hierarchical structures of organizations (Gruber 1992).

pursuit of women. Thus, the harassing behavior is not meant

This perspective emphasizes that the structure of
to be offensive or discriminatory, but is merely the result of
organizational hierarchy invests power in certain individuals
biological urges. Its assumptions include a natural, mutual
over others, that can lead to abuse. Thus, sexual harassment
attraction between men and women, a stronger male sex
is all about expression of male power over women that
drive, and men in the role of sexual initiators. A key strength
sustains patriarchal relations.
of the natural/biological perspective is that it acknowledges
the innate human instincts potentially driving sexually Socio-cultural Theory
aggressive behavior (Tangri et al. 1982).
Socio-Cultural theories examine the wider social and
Sex Role Spillover Theory political context in which sexual harassment is created and
occurs. According to this perspective, sexual harassment is a
This theory is based on the proposition of irrelevant
logical consequence of the gender inequality and sexism that
gender-based role expectations that individuals bring to the
already exists in society.
workplace in guiding their interactions with women. Men
hold role perceptions of women based on their traditional
role in our culture.

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 This theory asserts that women’s lesser status in the Therefore, the vulnerability of women as a weaker sex
larger society is reflected at the workplace structures and has traveled towards workplaces and academe, where it is
culture-thus, male dominance continues to be the rule. considered natural and normal for men to be responding
sexually towards women as colleagues, subordinates, and
Herein, sexual harassment is only one manifestation
superiors.
of a much larger patriarchal system in which men are the
dominant group reflecting the larger society’s differential Philippine Laws on Sexual Harassment
distribution of power and status between the sexes. The
Republic Act No. 7877, or the Anti-Sexual Harassment
perpetrators of sexual harassment have no regard for women
Act of 1995 (RA 7877), is the governing law for work,
as an equal human being. Therefore, molesting women is a
education training-related sexual harassment.
part and parcel of male idea of fun in the society.
Specifically, in a work-related or employment environment,
Feminist Theory
sexual harassment is committed when:
According to the feminist perspective, sexual
harassment is linked to the sexist male ideology of male (1) The sexual favor is made as a condition in the hiring
dominance and male superiority in the society. Therefore, or in the employment, re-employment or continued
feminists’ theories view sexual harassment as the product of employment of said individual, or in granting said
a gender system maintained by a dominant, normative form individual favorable compensation, terms of
conditions, promotions, or privileges; or the refusal to
of masculinity. Thus, sexual harassment exists because of
grant the sexual favor results in limiting, segregating,
the views on women as the inferior sex, but also sexual
or classifying the employee which in any way would
harassment serves to maintain the already existing gender discriminate, deprive, or diminish employment
stratification by emphasizing sex role expectations (Gutek opportunities or otherwise, adversely affect said
1985). employee;

Relevance of Sexual Harassment Theories

(2) The above acts would impair the employee’s rights or
An interpretation of these theoretical perspectives privileges under existing labor laws; or
reveals that both biologically, as well as socio-culturally, men (3) The above acts would result in an intimidating,
happen to have always occupied a dominant position over hostile, or offensive environment for the employee.
women in societies, of which the workplaces are only a part.
On the other hand, in an education or training
Considerable data have been accumulated confirming environment, sexual harassment is committed:
that harassment is widespread in both the public
(Culbertson et al. 1992; Fitzgerald el al. 1997) and the (1) Against one who is under the care, custody, or
private sectors and it has significant consequences for the supervision of the offender;
employees’ health and psychological well-being.

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 (2) Against one whose education, training, sexual favors and (b) lurid remarks; (3) Use of objects,
apprenticeship, or tutorship is entrusted to the pictures or graphics, letters, or written notes with sexual
offender; underpinnings; (4) Other forms analogous to the
(3) When the sexual favor is made a condition to the foregoing.
giving of a passing grade, granting of honors and
scholarships, or the payment of a stipend, allowance
or other benefits, privileges, or consideration; or
(4) when the sexual advances result in an intimidating, Section 7: Women’s Issues in Development
hostile, or offensive environment for the student, Women in Development (WID)
trainee, or apprentice.
By the 1970s, it became clear that women were being
Sexual Harassment in the Civil Service left out of development. They were not benefiting significantly
Sexual Harassment in the Civil Service is punishable from it and in some instances, their existing status and
by Civil Service Commission No. 01-0940, also known as position in society were actually worsened by development.
Administrative Disciplinary Rules on Sexual Harassment The Women in Development (WID) approached this
Cases. issue the exclusion of women from development program and
Here, sexual harassment can be committed at the approaches. WID saw women as a group that lacks
following places: opportunity to participate in development.
The main task, therefore, was to improve women’s
1. in the premises of the workplace or office or of the access to resources and their participation in development.
school or training institution;
The WID approach emphasized the importance of the
2. in any place where the parties were found, as a result
integration of women into development programs and
of work or education or training responsibilities or
relations; planning. Accordingly, this was the best way to improve
3. at work-, education, or training-related social women’s position in society.
functions; The WID approach, although it had limitations,
increased the visibility of women in development issues. WID

4. while on official business outside the office or school

or training institution or during work, school, or
was successful in helping secure a prominent place for
training-related travel;
5. By telephone, cellular phone, fax machine, or women’s issues at the United Nations (UN) and other
electronic mail. international development agencies. The UN declared that
the decade of 1975 to 1985 to be the decade for women. One
The following forms of sexual harassment are committed of the major achievements of the decade was the
thru: (1) Physical, (a) Malicious Touching; (b) Overt sexual establishment of women in development structures or
advances; (c) Gestures with lewd insinuation; (2) Verbal, machineries.
such as but not limited to, (a) requests or demands for

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 In Zambia, for instance, it was during this time that disadvantage and only made their inequality worse. WAD
the Women’s League of the then ruling political party, United saw global inequalities as the main problem facing poor
National Independence Party (UNIP), was formed as the countries and the citizens of those countries.
national machinery to address women’s development issues.
On the other hand, WAD has been criticized for
WID served as the starting point of making known to assuming that the position of women will improve if and
the international community that the sector of women has to when international structures become more equitable. It sees
be part of programs for development. Likewise, several women’s positions as primarily within the structure of
remarkable programs, activities, and initiatives must be international and class inequalities.
noted as these also began the strides for women
WAD even underplays the role of patriarchy in
empowerment.
undermining women’s development and does not adequately
Women and Development (WAD) address the question of social relations between men and
women and their impact on development
As a result of criticisms of the WID approach, the
women and Development (WAD) approach arose in the latter Gender and Development (GAD)
part of the 1970s. Adopting a Marxist feminist approach, the
In the 1980s, further reflections on the development
main argument of WAD was that women had always been
experiences of women gave rise to Gender and Development
part of the development processes. WAD asserts that women
(GAD). It brought together both the lessons learned from,
have always been important economic actors.
and the limitations of, the WID and WAD approaches.
The work they do both inside and outside the
GAD looks at the impact of development on both
household is critical to the maintenance of society. However,
women and men. It seeks to ensure that both women and
this integration has only served to sustain global
men participate in and benefit equally from development and
inequalities. In other words, the WID approach that placed
so, emphasizes equality of benefit and control. It recognizes
emphasis on integrating women into development was not
that women may be involved in development, but not
correct.
necessarily benefit from it.
The main focus of WAD is on the interaction between women
GAD is not concerned with women exclusively, but
and development processes rather than purely on strategies
with the way in which gender relations allot specific
to integrate women into development.
roles, responsibilities, and expectations between men
and women, often to the detriment of women.

WAD saw both women and men as not benefiting from This approach also pays particular attention to the
the global economic structures because of disadvantages due oppression of women in the family or the private sphere of
to class and the way wealth is distributed. WAD argued that women’s lives. As a result, we have seen projects develop
the integration of women into development was to their addressing Issues such as VAW. GAD focuses on the social

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 or gender relations (i.e., the division of labor) Between men The Equity Approach
and women in society and seeks to address issues of access
Feminist calls for gender equality were important in
and control over resources and power.
bringing about this approach, the main aim of which was to
GAD goes further than the other approaches in eliminate discrimination. It emphasized the re-valuing of
emphasizing both the reproductive and productive role of women’s contribution and share of benefits from
women and argues that it is the state’s responsibility to development. The equity approach also dealt with both the
support the social reproduction role mostly played by women productive and reproductive roles as a responsibility of
of caring and nurturing of children. As such, it treats government.
development as a complex process that is influenced by
The equity approach, in contrast to the welfare
political, social, and economic factors rather than as a state
approach, saw women as active participants organizing to
or stage of development.
bring about necessary changes.
The Anti-Poverty Approach
Practical Approaches to the Development of Women
This approach focuses on both the productive and
The Welfare Approach reproductive role of women with an emphasis on satisfaction
of basic needs and the productivity of women. A key
Until the early 1970s, development programs
operational strategy required access to income generation
addressed the needs of women almost entirely within the
and waged employment. The tendency with this approach
context of their reproductive roles. The focus was on mother
was to reinforce the basic needs and ignore the strategic
and child health, child-care, and nutrition. Population
needs of women.
control-or family planning as it later came to be known-was
a major focus as well due to the link made between The Efficiency Approach
population growth and poverty. The focus was clearly on
The efficiency approach aims to have increased
meeting practical needs.
production and economic growth with an emphasis on full
The assumptions that women’s position would use of human resources. Advocates of this approach argue
improve together with general improvements in the economy, that gender analysis makes good economic sense. This is
or with the economic positions of their husbands, began to because understanding men’s and women’s roles and
be challenged as it became clear that women were in fact responsibilities as part of the planning of development
losing out. activities helps improve effectiveness and ensures that
women, as well as men, can play their part in national
development.

Women, as a result, were being increasingly

associated with backwardness and the traditional while men
were increasingly identified with modern and
progressiveness.

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 The efficiency approach succeeded in bringing the
concerns about women and gender into the mainstream of Discussion Board
development. However, this was done with a focus on what
women could do for development, rather than on what Let Me Hear You!
development could do for women.
Ask: Defend/share your side about this.
The Empowerment Approach
Is Philippines now ready to accept the third sex? Is Philippines
The aim of the empowerment approach is to increase gender-friendly safe to live in?
the self-reliance of women and to influence 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 place.
The empowerment approach has been instrumental in
ensuring that opportunities are opened for 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 while realizing little change to
their material situation, which is often dire.

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 Post-Competency Checklist

Instruction: Refer to the physical, psychological, sexual and GBV is a worldwide phenomenon which must be given
economic act of violence stated in the law. attention nationally and internationally. The consequences
capture almost all spheres of our lives (family, socially,
Physical Violence: Ipaglaban Mo (Paso) economically, and health). A main focus of gender-based
https://youtu.be/2FiWeM27djM violence is violence against women (VAW) affecting women
Psychological Violence: Ipaglaban Mo (Kakampi) and girls across their lifespan. VAW also covers a continuum
https://youtu.be/mRqcrtwvUHE
of violence which appeared to be unending, with an array of
Sexual Violence: Ipaglaban Mo (Yes Sir!)
elements of abuse, coercion, or force.
https://youtu.be/RogyWI3r3vo
Economic Violence: Ipaglaban Mo (Agrabyado) The survivor and perpetrator are important actors in
https://youtu.be/etvNceiVWpo GBV and VAW cases. GBV and VAW are clear violations of
Choose one act for each kind of violence. Examine the act human rights. All these point to the essence that these acts
chosen and watch the filmed stories portraying the act you’ve of violence are a global and national concern.
chose. Then answer the following:
Power and abuse of the same are integral components
1. Nature of Violence of GBV. These components also had an effect to the consent
2. Are these incidents realistic? Why or why not? to be given by the survivor. Consent may be informed or
3. Who faces the violence? vitiated, on which violence is perpetrated. This violence plays
4. Indicate/specify the violence suffered by the victim. along a cycle of being overpowered and giving of consent to
5. Is violence justified? the detriment of women and their children.
6. Name the protection orders, period of the protection, Laws of Filipino women are aplenty, from the
issued court ruling if any. fundamental law of the land up to existing legislations. It can
7. Conclusion: How can we to stop this kind of violence? be projected that more such legislations shall rise in the
future. These laws are essential as they can be springboards
Expected Output: The pre-service teachers will submit an of various national programs, women involvement,
individual output, reflecting each kind of violence by participation, and inclusion-all towards the highest goal of
answering this question in relation to the stories they’ve empowering women.
watched.
The Philippines has various anti-discriminatory
policies for all gender, these policies are no yet sufficient. The
rampancy of discrimination of members of LGBTQ are
prevalent- a huge issue in the Philippines must address.

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 Looking Ahead
Instruction: Kindly evaluate yourself and the module
by checking the table with corresponding scale.
Congratulations!
Self-Evaluation
We are done with the fourth module. Before you
proceed to the next module, make sure you
accomplished the activities.
In the next module, we will be discussing about
the ways of language discriminations against any gender
and discuss how gender-fair language can be realized.

Self and Module Evaluation

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 Module Evaluation

Peralta EP. D., et.al (2020) Gender and Society: A Human

Ecological Approach Rex Bookstore Inc. Nicanor Reyes Sr.
St., Sampaloc Manila Philippines

Rodriguez AM. G., et al (2019) Gender and Society the

Whys of Women Their Oppressions, and Paths to Liberation
C & E Publishing, Inc. South Triangle, Quezon City
Philippines

3G E-Learning (2018) Gender and Society 3G E-Learning

LLC New York City, USA

For your queries and clarification, you can reach me at:

[email protected]
Jordan Rafael Lauron
+639656174504

References
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