Political- Legal
Perspectives of the
Philippine GAD
Program
Chapter 4
Lesson
The Rights- Based Approach Model
CEDAW and the Philippine Magna
Carta of Women
GAD Program
Laws Protecting Socio- Economic
and Cultural Rights of Indigenous
People
Presentation title 2
The Rights- Based Approach Model
The UN Declaration of Human Rights has been the
cornerstone of the organization in reforming their
efforts in developing clear human rights standards
and principles in order to achieve equality and
dignity on all of their programs.
Presentation title 3
The Rights-Based Approach Model
“The human rights-based approach focuses on those who are
most marginalized, excluded or discriminated against. This
often requires an analysis of gender norms, different forms of
discrimination and power imbalances to ensure that
interventions reach the most marginalized segments of the
population” (United Nations Population Fund, 2014).
Presentation title 4
GOALS
“It aims to address development complexities holistically,
taking into consideration the connections between
individuals and the systems of power or influence. And it
endeavors to create dynamics of accountability” (United
Nations Population Fund, 2014).
The Rights-Based Approach Model vs.
Needs- Based Approach Model
Presentation title 6
Need Based Approach Model
• Works toward outcome goals
• Emphasizes meeting needs
• Recognizes needs as valid claims
• Meets needs without empowerment
• Accepts charity as the driving motivation for meeting needs
• Focuses on manifestations of problems and immediate causes of problems
• Involves narrow sectoral projects
• Focuses on social context with little emphasis on policy
Presentation title 7
The Rights-Based Approach Model
• Works toward outcome and process goals
• Emphasizes realizing rights
• Recognizes that rights always imply obligations of the State
• Recognizes that rights can only be realized with empowerment
• States that charity is insufficient motivation for meeting needs
• Focuses on manifestations of problems and immediate causes of problems
• Involves intersectoral, holistic projects and programmes
• Focuses on social, economic, cultural, civil and political context, and is policy-
oriented
Presentation title 8
Fundamental law of the country which
all other laws are anchored or based on.
“ The 1987 Constitution
”
Highlights in the 1987 Constitution
10
Article II S. 2
“the State values the
dignity of every
human person and
guarantees full
respect for human
rights.”
Article II S. 11
“the State recognizes
the role of women in
nation-building, and
shall ensure the
fundamental equality
before the law of
women and men”
Article II S. 14
“no person shall be
deprived of life,
liberty, or property
without due process
of law, nor shall any
person be denied
the equal protection
of the laws.”
Article XIII S. 14
“The State shall protect working women
by providing safe and healthful working
conditions, taking into account their
maternal functions, and such facilities and
opportunities that will enhance their
welfare and enable them to realize their
full potential in the service of the nation.”
RA
7160
Local Government
Code of 1991
Presentation title 11
R.A 7160
▣ In 1991, Republic Act No. 7160, otherwise known as the “Local Government Code”
was enacted into law to transfer control and responsibility of delivering basic
services to the hands of the local government units (LGUs).
▣ This Code establishes the system and defines powers of provincial, city, municipal
and barangay governments in the Philippines.
12
Author
Sen. Aquilino “Nene” Pimentel Jr.
He was known as“father of the local government code”
13
AIMS / PURPOSE
Local Government Code of 1991
14
aims / purpose
▣ To transform LGU’s into self-reliant communities and active
partners in nation-building by giving them more powers,
authority, responsibilities and resources
▣ Hopes to achieve economic development at the regional and
local levels by giving more freedoms in carrying out their
program that are suitable for their areas.
15
functions
1. Legislative function – the barangay, municipal/city, and provincial
councils are charged with the disposal of this function through the
enactment of ordinances, and preparation of resolutions. Example
the Ordinance for No Public Smoking Policy
2. Executive function – The head of the local government unit
performs this function, where the barangay captain, the municipal
or the city mayor and the provincial governor is charged with the
execution or implementation of the laws of the land and the
ordinances or resolutions enacted by their respective legislative
bodies.
16
functions
3. Quasi- judicial function – Generally, this function is
performed by the council of the LGU. It could be attached
to the legislative function where an agreed solution to an
issue could be reduced to a barangay, municipal, city or
provincial resolution or ordinance. appointed members of
the ‘lupong tagapamayapa’.
17
functions
4. Taxation function –Owing to the decentralization of
governmental powers to the LGUs, the barangay,
municipality or city and the province are now given a hand
in generating their own local income through their own
taxation schemes, Example: imposing tax on sand and gravel
extracted from the local quarry site or imposing tax on
local businesses, clearances or permits and others. The tax
imposed on the so-called community tax certificate
commonly known as the “cedula” may be done by the city
or municipality.
18
functions
5. Local Budget Preparation –the local chief executive shall prepare
the executive budget for the fiscal year subject to the concurrence
of the local legislative body for a legislative enactment, most likely in
the form of a resolution.
6. Exercises the power of eminent domain – Under this function,
the LGU has the authority to take private properties for public use
as deemed necessary with the payment of just compensation.
Example: It is incumbent in the LGU to take a privately-owned piece
of land for road widening and the property owner must be
compensated justly.
19
functions
7. Maintenance and Protection of Public Property – Public
property refers to government- owned or state-owned
infrastructure like public markets, amusement parks,
government offices, etc. The LGU, through its officials, are
responsible in keeping these buildings and infrastructures in
an A-1 condition.
20
RA
7941
Party- List
System Act
Presentation title 21
Party-List System
AN ACT PROVIDING FOR THE
ELECTION OF PARTY-LIST REPRESENTATIVES
THROUGH THE PARTY-LIST SYSTEM, AND
APPROPRIATING FUNDS
CONTENT:
• The party-list system was enshrined in the
1987 Constitution (Section 5, Article 6) and
enacted by Congress through Republic Act
7941 on March 3, 1995. The COMELEC issued
Resolution No. 2847 on June 26, 1996 in this
regard.
PURPOSE:
• marginalized and underrepresented
sectors, organizations and parties,
and who lack well-defined political
constituencies
P.D No. 442
Labor Code
of the
Philippines
* The Labor Code of the
Philippines is a legal code that
determines all employment
practices and labor relations in
the Philippines. This is to help
protect employees and
employers WITH THEIR RIGHTS
IN DIFFERENT KIND OF WORKS.
Article 3: Declaration of Policy
Presentation title 27
•The state shall afford protection to labor, promote, full
employment, ensure equal work opportunities
regardless of sex, race or creed and regulate the
relations between workers and employers. The State
shall assure the rights of workers to self- organization,
collective bargaining, security of tenure, and just and
humane conditions of work.
RA 7192
Women in
Development
and Nation
Building Act
What is RA 7192?
•An act recognizes the role of women in nation
building and shall ensure the fundamental equality
before the law, as well as equal opportunities and
rights of women and men.
Objectives:
-To promote the integration of women as full and equal
partners with men in development and nation building.
-To grants women, regardless of their marital status, full legal
capacity to act and to enter into contracts.
- Equal access to membership in all social, civic and
recreational clubs as well as the right of admission into
military schools.
- Full-time homemakers shall have the right to participate in
government-sponsored social security schemes.
RA 6657
Comprehensive
Agrarian
Reform Law of
1998
What is CARP?
CARP started in 1988 with the
passage of Republic Act No. 6657,
otherwise known as the
Comprehensive Agrarian Reform Law.
It was signed into law by President
Corazon Aquino on June 10, 1988.
Women’s Rights
•The Philippine Constitution of 1987
recognizes the fundamental equality of
women and men and the New Family
Code of 1987 affirms women's right to
own property and to contract
employment and credit without the need
of their husbands' consent.
RA 7877
Anti- Sexual
Harassment
Act of 1995
SEC II – The state shall
value the dignity of every
individual, enhance the
development of its human
resources, guarantee full respect
for human rights, and uphold the
dignity of workers, employees,
applicants for employment,
students or those undergoing
training, instruction or
education. Towards this end, all
forms of sexual harassment in
the employment, education or
training environment are hereby
declared unlawful.
RA 11313 Safe Spaces Act
What does
the Safe
Spaces Act
cover?
The law covers all forms of
gender-based sexual
harassment (GBSH)
committed in public
spaces, educational or
training institutions,
workplace, as well as online
space.
What do public
spaces refer to
under this law?
RA 10627
Anti- Bullying
Act of 2013
REPUBLIC ACT
NO. 10627
AN ACT REQUIRING ALL ELEMENTARY
AND SECONDARY SCHOOLS TO
ADOPT POLICIES TO PREVENT AND
ADDRESS THE ACTS OF BULLYING IN
THEIR INSTITUTIONS
REPUBLIC ACT
NO. 10627
AN ACT REQUIRING ALL ELEMENTARY
AND SECONDARY SCHOOLS TO
ADOPT POLICIES TO PREVENT AND
ADDRESS THE ACTS OF BULLYING IN
THEIR INSTITUTIONS
SEC. 2.
ACTS OF
BULLYING
Any slanderous statement or
accusation that causes the
victim undue emotional
distress
Any unwanted physical
contact between the bully
and the victim
Cyber-bullying or any bullying
done through the use of
technology or any electronic
means.
02
03
01
04
Any act that causes damage to
a victim’s emotional well-
being
H.B No.
4982
Sexual
Orientation
and Gender
Identity
Expression
(SOGIE)
Equality Bill
SOGIE BILL
•The SOGIE Bill is basically an anti-discrimination bill.
It recognizes that many people, whether they're
LGBTQIA++ or cisgender, experience discrimination
based on their SOGIE. The bill seeks to protect all
people from this kind of discrimination.
RA 9710
MAGNA Carta
of Women
Magna Carta of Women
•A comprehensive women’s human rights law
that seeks to eliminate discrimination through
the recognition, protection, fulfillment, and
promotion of the rights of Filipino women,
especially those belonging in the marginalized
Presentation title 52
• Leave benefits of two (2) months with full pay
based on gross monthly compensation for women
employees who undergo surgery caused by
gynecological disorders,
• Provision for equal access and elimination of
discrimination in education, scholarships, and
training.
• Increasing the number of women in third level
positions in government to achieve a fifty-fifty (50-
50) gender balance
• Non-discriminatory and non-derogatory portrayal
of women in media and film
• Non-discrimination in employment in the field of
military, police and other similar services
• Equal status given to men and women on the titling
of the land and issuance of stewardship contracts
and patents.
Features
Philippine GAD PROGRAM
• Expanded Economic Opportunities for Women.
• Accelerated Human Capital Development through Investing in Gender Equality and Women’s
Empowerment.
• Significant Reduction in Gender-Based Violence and Enhanced Gender Perspective in Justice,
Security and Peace.
• Expanded Opportunities for Women’s Participation, Leadership and Benefit in Disaster Resilience
and Humanitarian Action.
• Expanded Opportunities for Women’s Participation, Leadership, and Benefit from Science,
Technology, Innovation, ICT, Infrastructure, and Energy.
• Enhanced Women’s Participation, Leadership and Benefit in Politics and Government Service.
• Transformed Social Norms and Culture Promote Gender Equality and Women’s Empowerment.
Presentation title 53
LAWS PROTECTING SOCIO-ECONOMIC
AND CULTURAL RIGHTS OF
INDIGENOUS PEOPLE
Presentation title 54
United Nations Declaration on the Rights of
Indigenous Peoples
Section 2 states that; “indigenous peoples and
individuals are free and equal to all other peoples
and individuals and have the right to be free from
any kind of discrimination, in the exercise of their
rights, in particular that based on their indigenous
origin or identity.
REPUBLIC ACT NO. 8371: The
Indigenous Peoples’ Rights Act of 1997
An Act to recognize, protect and promote the
rights of indigenous cultural communities/
indigenous peoples; ensuring freedom from
discrimination and right to equal opportunity
and treatment.
Presentation title 56
Thank you
JMGARCIA
GENDER AND SOCIETY

CHAPTER-4.pdf

  • 1.
    Political- Legal Perspectives ofthe Philippine GAD Program Chapter 4
  • 2.
    Lesson The Rights- BasedApproach Model CEDAW and the Philippine Magna Carta of Women GAD Program Laws Protecting Socio- Economic and Cultural Rights of Indigenous People Presentation title 2
  • 3.
    The Rights- BasedApproach Model The UN Declaration of Human Rights has been the cornerstone of the organization in reforming their efforts in developing clear human rights standards and principles in order to achieve equality and dignity on all of their programs. Presentation title 3
  • 4.
    The Rights-Based ApproachModel “The human rights-based approach focuses on those who are most marginalized, excluded or discriminated against. This often requires an analysis of gender norms, different forms of discrimination and power imbalances to ensure that interventions reach the most marginalized segments of the population” (United Nations Population Fund, 2014). Presentation title 4
  • 5.
    GOALS “It aims toaddress development complexities holistically, taking into consideration the connections between individuals and the systems of power or influence. And it endeavors to create dynamics of accountability” (United Nations Population Fund, 2014).
  • 6.
    The Rights-Based ApproachModel vs. Needs- Based Approach Model Presentation title 6
  • 7.
    Need Based ApproachModel • Works toward outcome goals • Emphasizes meeting needs • Recognizes needs as valid claims • Meets needs without empowerment • Accepts charity as the driving motivation for meeting needs • Focuses on manifestations of problems and immediate causes of problems • Involves narrow sectoral projects • Focuses on social context with little emphasis on policy Presentation title 7
  • 8.
    The Rights-Based ApproachModel • Works toward outcome and process goals • Emphasizes realizing rights • Recognizes that rights always imply obligations of the State • Recognizes that rights can only be realized with empowerment • States that charity is insufficient motivation for meeting needs • Focuses on manifestations of problems and immediate causes of problems • Involves intersectoral, holistic projects and programmes • Focuses on social, economic, cultural, civil and political context, and is policy- oriented Presentation title 8
  • 9.
    Fundamental law ofthe country which all other laws are anchored or based on. “ The 1987 Constitution ”
  • 10.
    Highlights in the1987 Constitution 10 Article II S. 2 “the State values the dignity of every human person and guarantees full respect for human rights.” Article II S. 11 “the State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men” Article II S. 14 “no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.” Article XIII S. 14 “The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.”
  • 11.
    RA 7160 Local Government Code of1991 Presentation title 11
  • 12.
    R.A 7160 ▣ In1991, Republic Act No. 7160, otherwise known as the “Local Government Code” was enacted into law to transfer control and responsibility of delivering basic services to the hands of the local government units (LGUs). ▣ This Code establishes the system and defines powers of provincial, city, municipal and barangay governments in the Philippines. 12
  • 13.
    Author Sen. Aquilino “Nene”Pimentel Jr. He was known as“father of the local government code” 13
  • 14.
    AIMS / PURPOSE LocalGovernment Code of 1991 14
  • 15.
    aims / purpose ▣To transform LGU’s into self-reliant communities and active partners in nation-building by giving them more powers, authority, responsibilities and resources ▣ Hopes to achieve economic development at the regional and local levels by giving more freedoms in carrying out their program that are suitable for their areas. 15
  • 16.
    functions 1. Legislative function– the barangay, municipal/city, and provincial councils are charged with the disposal of this function through the enactment of ordinances, and preparation of resolutions. Example the Ordinance for No Public Smoking Policy 2. Executive function – The head of the local government unit performs this function, where the barangay captain, the municipal or the city mayor and the provincial governor is charged with the execution or implementation of the laws of the land and the ordinances or resolutions enacted by their respective legislative bodies. 16
  • 17.
    functions 3. Quasi- judicialfunction – Generally, this function is performed by the council of the LGU. It could be attached to the legislative function where an agreed solution to an issue could be reduced to a barangay, municipal, city or provincial resolution or ordinance. appointed members of the ‘lupong tagapamayapa’. 17
  • 18.
    functions 4. Taxation function–Owing to the decentralization of governmental powers to the LGUs, the barangay, municipality or city and the province are now given a hand in generating their own local income through their own taxation schemes, Example: imposing tax on sand and gravel extracted from the local quarry site or imposing tax on local businesses, clearances or permits and others. The tax imposed on the so-called community tax certificate commonly known as the “cedula” may be done by the city or municipality. 18
  • 19.
    functions 5. Local BudgetPreparation –the local chief executive shall prepare the executive budget for the fiscal year subject to the concurrence of the local legislative body for a legislative enactment, most likely in the form of a resolution. 6. Exercises the power of eminent domain – Under this function, the LGU has the authority to take private properties for public use as deemed necessary with the payment of just compensation. Example: It is incumbent in the LGU to take a privately-owned piece of land for road widening and the property owner must be compensated justly. 19
  • 20.
    functions 7. Maintenance andProtection of Public Property – Public property refers to government- owned or state-owned infrastructure like public markets, amusement parks, government offices, etc. The LGU, through its officials, are responsible in keeping these buildings and infrastructures in an A-1 condition. 20
  • 21.
  • 22.
    Party-List System AN ACTPROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS
  • 23.
    CONTENT: • The party-listsystem was enshrined in the 1987 Constitution (Section 5, Article 6) and enacted by Congress through Republic Act 7941 on March 3, 1995. The COMELEC issued Resolution No. 2847 on June 26, 1996 in this regard.
  • 24.
    PURPOSE: • marginalized andunderrepresented sectors, organizations and parties, and who lack well-defined political constituencies
  • 25.
    P.D No. 442 LaborCode of the Philippines
  • 26.
    * The LaborCode of the Philippines is a legal code that determines all employment practices and labor relations in the Philippines. This is to help protect employees and employers WITH THEIR RIGHTS IN DIFFERENT KIND OF WORKS.
  • 27.
    Article 3: Declarationof Policy Presentation title 27 •The state shall afford protection to labor, promote, full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers. The State shall assure the rights of workers to self- organization, collective bargaining, security of tenure, and just and humane conditions of work.
  • 28.
  • 29.
    What is RA7192? •An act recognizes the role of women in nation building and shall ensure the fundamental equality before the law, as well as equal opportunities and rights of women and men.
  • 30.
    Objectives: -To promote theintegration of women as full and equal partners with men in development and nation building. -To grants women, regardless of their marital status, full legal capacity to act and to enter into contracts. - Equal access to membership in all social, civic and recreational clubs as well as the right of admission into military schools. - Full-time homemakers shall have the right to participate in government-sponsored social security schemes.
  • 31.
  • 32.
    What is CARP? CARPstarted in 1988 with the passage of Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law. It was signed into law by President Corazon Aquino on June 10, 1988.
  • 33.
    Women’s Rights •The PhilippineConstitution of 1987 recognizes the fundamental equality of women and men and the New Family Code of 1987 affirms women's right to own property and to contract employment and credit without the need of their husbands' consent.
  • 34.
  • 35.
    SEC II –The state shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.
  • 40.
    RA 11313 SafeSpaces Act
  • 41.
    What does the Safe SpacesAct cover? The law covers all forms of gender-based sexual harassment (GBSH) committed in public spaces, educational or training institutions, workplace, as well as online space.
  • 42.
    What do public spacesrefer to under this law?
  • 43.
  • 44.
    REPUBLIC ACT NO. 10627 ANACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS
  • 45.
    REPUBLIC ACT NO. 10627 ANACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS
  • 46.
  • 47.
    Any slanderous statementor accusation that causes the victim undue emotional distress Any unwanted physical contact between the bully and the victim Cyber-bullying or any bullying done through the use of technology or any electronic means. 02 03 01 04 Any act that causes damage to a victim’s emotional well- being
  • 48.
  • 49.
    SOGIE BILL •The SOGIEBill is basically an anti-discrimination bill. It recognizes that many people, whether they're LGBTQIA++ or cisgender, experience discrimination based on their SOGIE. The bill seeks to protect all people from this kind of discrimination.
  • 50.
  • 51.
    Magna Carta ofWomen •A comprehensive women’s human rights law that seeks to eliminate discrimination through the recognition, protection, fulfillment, and promotion of the rights of Filipino women, especially those belonging in the marginalized
  • 52.
    Presentation title 52 •Leave benefits of two (2) months with full pay based on gross monthly compensation for women employees who undergo surgery caused by gynecological disorders, • Provision for equal access and elimination of discrimination in education, scholarships, and training. • Increasing the number of women in third level positions in government to achieve a fifty-fifty (50- 50) gender balance • Non-discriminatory and non-derogatory portrayal of women in media and film • Non-discrimination in employment in the field of military, police and other similar services • Equal status given to men and women on the titling of the land and issuance of stewardship contracts and patents. Features
  • 53.
    Philippine GAD PROGRAM •Expanded Economic Opportunities for Women. • Accelerated Human Capital Development through Investing in Gender Equality and Women’s Empowerment. • Significant Reduction in Gender-Based Violence and Enhanced Gender Perspective in Justice, Security and Peace. • Expanded Opportunities for Women’s Participation, Leadership and Benefit in Disaster Resilience and Humanitarian Action. • Expanded Opportunities for Women’s Participation, Leadership, and Benefit from Science, Technology, Innovation, ICT, Infrastructure, and Energy. • Enhanced Women’s Participation, Leadership and Benefit in Politics and Government Service. • Transformed Social Norms and Culture Promote Gender Equality and Women’s Empowerment. Presentation title 53
  • 54.
    LAWS PROTECTING SOCIO-ECONOMIC ANDCULTURAL RIGHTS OF INDIGENOUS PEOPLE Presentation title 54
  • 55.
    United Nations Declarationon the Rights of Indigenous Peoples Section 2 states that; “indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.
  • 56.
    REPUBLIC ACT NO.8371: The Indigenous Peoples’ Rights Act of 1997 An Act to recognize, protect and promote the rights of indigenous cultural communities/ indigenous peoples; ensuring freedom from discrimination and right to equal opportunity and treatment. Presentation title 56
  • 57.