Gender and Development:

A Legal Perspective

 Atty. Mark Jasper G. Cielo, RCh

 Questions to Answer

 How is Gender related to Development?

 What are we doing that is widening the Gender – Development Gap?

 What is Discrimination?

 What is Gender-based Violence?

 How do we bridge the Gender – Development Gap?

 What is positive discrimination/ affirmative action?

 What is the Sexual Orientation Gender Identity and Expression (SOGIE) Equality Bill all about?

 Development

 Traditional Metrics of Development are no longer responsive to our society.

 The more reliable standard is the extent of empowerment of marginalized sectors.

(Sue Ellen M. Charlton, Ph.D., Professor of Political Science, Colorado State University)

 When is there Empowerment?

 Power over economic resources

 Participation in economic decision making

 Access to political opportunities

(Gender Empowerment Indicators, U.N. Development Programme)

 When marginalized groups are empowered, government becomes smaller, economies are better spread, other
issues are adressed.

 Gender Equality is Important

and the Ph knows that

 The Philippines is 10th in the whole world and 1st in Asia for narrowest gender equality gap between genders.

 21st in terms of wage gap

 13th in terms of political empowerment

 No Gap for Education

 Opening of Gap for Health and Survival

(World Economic Forum’s 2017 Global Gender Gap Report)

 DISCRIMINATION AND VIOLENCE STILL EXISTS

 Discrimination is the favoring of one group or member of a group over another group or over a member of it, in
the absence of any morally relevant differences.

 Under the 1987 Constitution, we have a safeguard under Section 1, Article III which is often referred to as
the equal protection clause.

 What are morally relevant differences?

 In the landmark case of Tiu, et al v. CA and a long line of other cases, the Supreme Court however
explains that equal protection is not at all absolute. It is Subject to the test in Ichong v. Hernandez that provides
for the GLAS Standard: Germane to the Purpose of Law, Not Limited to existing conditions only, Applies equally
to those in the same class, Substantial Distinction.
  In International School Alliance of Educators v. Quisumbing, they found that the practice of according higher
salaries to foreign hired teachers over locally hired teachers is discriminatory and does not pass the standards of
valid classification.

 Now, try to think of a gender based policy in your office, department or classroom.

 Why do boys/homosexual boys have to have short hair?

 What is the purpose?

 Does it apply to everyone?

 Does it apply also to future conditions?

 Is there a Substantial Distinction between males and females?

 Who are the men with long hair:

 Isaac Newton

 Leonardo Da Vinci

 Dmitri Mendeleev

 Robert Boyle

 Remember, we cannot use stereotypes and gender norms to justify our classifications, because gender norms
and stereotypes are classifications themselves that need to be vetted before we apply them.

 Discrimination Comes from a Place of Power

 There is no discrimination when the discriminated has more power than the discriminator.

 PREJUDICE Becomes Violent

 Gender-Based Violence

 Physical

 Psychological/Emotional

 Sexual

 Economic

We have RA 9262 or the Anti-VAWC Act.

 Anti-VAWC is not enough

 It is specific to women.

 Although the perpetrator maybe any person of any gender, the victim is specifically identified to be a
woman.

 How do we bridge the gap?

 Empowerment via affirmative action.

 Establish gender quota

 Tips scales in favor of diversity

 Actively Prevent Discrimination and Gender-based violence through Policy-making

 SOGIE Equality Bill

 SOGIE EQUALITY BILL

 It does not endorse Affirmative Action.

 It criminalizes discriminatory acts based on gender.

 It defines gender, sexual orientation and identity.

 It establishes a baseline for all governmental policies.