CHAPTER I
LEGAL BASES FOR THE
STUDY OF GENDER AND
SOCIETY
JOSE LUIS ELIM BOLO
Discussant
The study of Gender and Society
in the Philippines is anchored in a
robust legal framework that
champions gender equality and the
protection of human rights. These
laws not only mandate the inclusion
of gender education in academic
institutions but also serve as a
powerful catalyst for social
By exploring gender dynamics
through a legal and societal lens, this
field of study empowers individuals
to challenge inequality, dismantle
discrimination, and contribute to the
creation of a truly inclusive and
equitable nation.
Legal Bases for the Study of Gender
and Society:
CHED Memo No. 1, s. 2015
CEDAW 1981
1987 Constitution, Article II, Sec.
14
RA 7192 and IRR 1992
Beijing Platform for Action 1995
CHED Memo No. 1, s. 2015
The Commission on Higher Education
(CHED) Memorandum Order No. 1 series of
2015, also known as "Establishing the Policies
and Guidelines on GAD in the CHED and Higher
Education Institutions (HEIs)," – is a significant
document that outlines the framework for gender
equality and development (GAD) in the Philippine
higher education sector. It aims to promote
gender-responsive policies and practices in all
aspects of higher education, from curriculum
CHED Memo No. 1, s.
Provisions of the memorandum order:
2015
Definition of GAD – the memorandum order
provides a clear definition of GAD,
emphasizing its importance in achieving
social justice and equality.
GAD Focal Point – it requires all HEIs to
establish a GAD Focal Point to oversee the
CHED Memo No. 1, s.
2015
Gender-Responsive Curriculum – The
memorandum order encourages HEIs to integrate
GAD concepts into their curriculum, ensuring that
students are exposed to gender-sensitive
perspectives across various disciplines.
Gender-Balanced Faculty and Staff – It promotes
gender equality in the composition of faculty and
staff, aiming to create a more inclusive and
CHED Memo No. 1, s.
Gender-Sensitive Facilities and Services – the
2015
memorandum order emphasizes the importance of
providing gender-sensitive facilities and services,
such as separate restrooms and lactation rooms.
Gender-Responsive Governance – it requires HEIs
to adopt gender-responsive governance structures
and policies, ensuring that women are adequately
represented in decision-making processes.
CHED Memo No. 1, s.
GAD Training and Capacity Building – the
2015
memorandum order promotes GAD training and
capacity building for faculty, staff, and students,
enhancing their understanding of gender issues
and their ability to implement GAD programs.
Monitoring and Evaluation – it requires HEIs to
establish mechanisms for monitoring and
evaluating the implementation of GAD programs
CEDAW 1981
The Convention on the
Elimination of All Forms of
Discrimination Against Women
(CEDAW) is an international
treaty adopted by the United
Nations General Assembly in
1979. It entered into force in
1981 and is often referred to as
the "International Bill of Rights
for Women."
CEDAW
Defines discrimination against women
1981
The Convention defines discrimination broadly
as "any distinction, exclusion or restriction
made on the basis of sex which has the effect
or purpose of impairing or nullifying1 the
enjoyment or exercise by women of human
rights and fundamental freedoms in the
CEDAW
Establishes an agenda for national action
1981
The Convention sets out specific actions that
states must take to end discrimination against
women in all areas of life, including political
participation, education, employment, health,
and family.
CEDAW
Requires states to take affirmative measures
1981
The Convention recognizes that women have
experienced historical and systemic
discrimination and therefore may require
special measures to achieve equality. States
are obligated to take "all appropriate measures,
including legislation, to ensure the full
CEDAW
Covers a wide range of issues
1981
The Convention addresses a wide range of
issues that affect women's lives, including
violence against women, reproductive rights,
nationality, and property rights.
CEDAW
Impact of the CEDAW 1981
The CEDAW has been a significant step forward in
promoting women's rights worldwide. It has raised
awareness of the issues facing women and has provided a
framework for states to take action to address these issues.
However, the Convention has also faced challenges,
including the fact that not all states have ratified it and that
some states have reservations to certain provisions.
Despite these challenges, the CEDAW remains a
1987 Constitution, Article II., Sec.
14
Article II, Section 14 of the 1987 Philippine
Constitution is a foundational statement that recognizes
and affirms the essential role of women in nation-
building. It mandates that the state ensure the
fundamental equality before the law of women and men.
This provision is a crucial step towards achieving
gender equality in the Philippines. It establishes a
constitutional framework that guarantees women equal
1987 Constitution, Article II.,
Sec. 14
Recognition of women's role
The state acknowledges the vital contribution of
women to the development and progress of the
1987 Constitution, Article II.,
Equality before the law Sec. 14
The constitution guarantees that both women
and men have equal rights and protections under
the law. This includes, but is not limited to, the
right to education, employment, property
ownership, and political participation.
1987 Constitution, Article II.,
Sec. 14
1987 Constitution, Article II.,
Sec. 14
Non-discrimination
This section prohibits discrimination based on
gender in all aspects of life.
1987 Constitution, Article II., Sec.
This 14
constitutional provision has been
instrumental in shaping laws and policies that
promote gender equality in the Philippines.
However, it is important to note that while
the constitution guarantees equality, there may
still be challenges in ensuring its implementation
in practice.
If I were
a boy…
If I were
a girl…
RA 7192 and IRR 1992
RA 7192 (Gender and Development Act of 1992) was a
significant milestone in the Philippines, marking the country's
formal recognition of gender equality as a fundamental human
right. The law mandates the integration of gender considerations
into all government policies, programs, and projects.
IRR 1992 (Implementing Rules and Regulations of RA 7192)
provides the guidelines and procedures for implementing the
provisions of RA 7192. It outlines the specific actions and
responsibilities of government agencies and institutions to ensure
the effective integration of gender perspectives into their
RA 7192 and IRR
1992
Provisions of RA
7192 and IRR 1992
RA 7192 and IRR
Provisions of RA 7192 and IRR
1992
1992
GENDER MAINSTREAMING
Requires the integration of
gender considerations into all
RA 7192 and IRR
GENDER FOCAL POINTS
1992
Mandates the establishment of
gender focal points in government
agencies to oversee the
implementation of gender-
RA 7192 and IRR
GENDER BUDGETING
1992
Introduces the concept of
gender budgeting, which involves
the allocation of resources based
on gender needs and priorities.
RA 7192 and IRR
GENDER TRAINING AND
1992
EDUCATION Promotes the
training and education of
government officials and
employees on gender issues.
RA 7192 and IRR
Significance of RA
1992
7192 and IRR 1992 as
the First Official GAD
RA 7192 and IRR
POLICY FRAMEWORK
1992
RA 7192 and IRR 1992
established a legal and policy
framework for gender equality in
the Philippines.
RA 7192 and IRR
INSTITUTIONALIZATION OF GAD
1992
The law institutionalized gender
and development (GAD) as a
priority in government programs.
RA 7192 and IRR
RESOURCE ALLOCATION
1992
Gender budgeting introduced a
mechanism for allocating resources
based on gender needs, ensuring that
women and men have equal access to
RA 7192 and IRR
DATA-DRIVEN DECISION-
1992
MAKING
The requirement for gender-
sensitive data collection provided a
basis for evidence-based policy-
RA 7192 and IRR
CAPACITY BUILDING
1992
The mandate for gender
training and education helped to
build the capacity of government
officials and employees to
Beijing Platform for Action 1995
The Beijing Platform for
Action is a groundbreaking
document that emerged from
the Fourth World Conference
on Women held in Beijing,
China, in 1995.
It serves as a
comprehensive blueprint for
promoting gender equality
and the empowerment of
Beijing Platform for Action
1995
Twelve Critical Areas of Concern
The document outlines twelve priority
areas for action, including health, education,
economic participation, political
empowerment, decision-making, violence
against women, armed conflict, and human
rights.
Beijing Platform for Action
Twelve Critical Areas of Concern 1995
• Women and Poverty
• Education and Training of Women
• Women and Health
• Violence against Women
• Women and Armed Conflict
• Women and the Economy
• Women in Power and Decision-Making
• Institutional Mechanisms for the Advancement
of Women
• Human Rights of Women
• Women and the Media
• Women and the Environment
• The Girl Child
Beijing Platform for Action
1995
Strategic Objectives
For each critical area, the platform sets
specific strategic objectives to guide national
and international efforts. These objectives aim
to address the root causes of gender
inequality and promote women's
empowerment.
Beijing Platform for Action
Actions to Be Taken 1995
The platform provides a detailed list of
concrete actions that governments,
international organizations, NGOs, and
individuals can undertake to implement the
strategic objectives. These actions cover a
wide range of initiatives, from policy
Beijing Platform for Action
1995
Timebound Commitments
The platform encourages governments to
adopt timebound commitments to implement
the actions outlined in the document. This
commitment ensures accountability and
progress towards achieving gender equality.
RA 7192 and IRR
1992
Significance of the
Beijing Platform for
Action
Beijing Platform for Action
1995
Global Framework
The platform provides a comprehensive
and globally recognized framework for
advancing gender equality and women's
empowerment.
Beijing Platform for Action
1995
Policy Guidance
It serves as a valuable resource for
policymakers at all levels, offering guidance
on developing and implementing gender-
responsive policies and programs.
Beijing Platform for Action
1995
Advocacy Tool
The platform is a powerful tool for
advocates working to promote women's rights
and challenge gender stereotypes.
Beijing Platform for Action
1995
Progress Measurement
It provides a benchmark for measuring
progress towards achieving gender equality
and holding governments accountable for
their commitments.
RA 7192 and IRR
1992
Challenges and
Opportunities
Beijing Platform for Action
1995
Implementation Gaps
Despite its significance, the Beijing
Platform for Action has faced challenges in
implementation. Many countries have
struggled to allocate sufficient resources and
political will to address gender inequality.
Beijing Platform for Action
1995
Emerging Issues
New challenges, such as climate change,
technology, and globalization, have emerged
since the adoption of the platform, requiring
adaptations and updates to the framework.
Beijing Platform for Action
1995
Opportunities for Progress
Despite the challenges, there are also
opportunities for progress. Increased
awareness of gender equality issues,
advancements in technology, and growing
global solidarity can contribute to positive
change.
RA 9710 Magna Carta for Women
2009
RA 9710, also known as the
Magna Carta of Women, is a
comprehensive law in the Philippines
that aims to eliminate discrimination
against women and promote their
rights and opportunities.
The Act, which is a consolidation
of Senate Bill No. 2396 and House Bill
No. 4273, was finally passed by the
Senate and the House of
Representatives on May 19, 2009 and
May 20, 2009, respectively. It was
signed into law by President Gloria
RA 9710 Magna Carta for
Women 2009
Provisions of the
Magna Carta of
Women
RA 9710 Magna Carta for
Recognition of women's rights
Women 2009
The law affirms the rights of
women to equality, dignity, and
respect.
RA 9710 Magna Carta for
Elimination of discrimination
Women 2009
It prohibits discrimination
against women in all aspects of
life, including education,
employment, health, and politics.
RA 9710 Magna Carta for
Protection from violence
Women 2009
The law provides measures to
protect women from all forms of
violence, including domestic
violence, sexual harassment, and
RA 9710 Magna Carta for
Access to education and health
Women 2009
It ensures women's access to
education, health care, and
reproductive health services.
RA 9710 Magna Carta for
Economic empowerment
Women 2009
The law promotes women's
economic empowerment through
measures such as equal pay and
access to credit.
RA 9710 Magna Carta for
Political participation
Women 2009
It encourages women's
participation in decision-making
processes at all levels of
government.
RA 9710 Magna Carta for
Gender mainstreaming
Women 2009
The law mandates the
integration of gender
considerations into all government
policies and programs.
RA 9710 Magna Carta for
Women 2009
For more detailed information, you
can refer to the official government
website:
Philippine Commission on Women:
https://pcw.gov.ph/magna-carta-of-wome
"Gender equality is not just a women's
issue. It is a fundamental human right."
– Hillary Clinton
