gender
gender
gender
Laws:
I. Contextualizing the rights of women, girls, and children CEDAW https://www.ohchr.org/sites/default/files/cedaw.pdf
a. The role of the State in promoting and enforcing Magna Carta of Women
the rights of women, girls, and children CEDAW Committee General Comment No. 25
b. Women’s rights and international law https://www.refworld.org/legal/general/cedaw/2004/en/87588
i. The Convention on the Elimination of
All Forms of Discrimination Against Cases:
Women (CEDAW) Principle of non-discrimination under CEDAW
ii. Core Principles of Women’s Rights Ciobanu v. Republic of Moldova - https://juris.ohchr.org/casedetails/2664/en-
under CEDAW US
c. Women’s rights and women’s rights movement in Garcia v. Drilon, GR No. 179267
the Philippines
i. Women’s rights legislations in the Philippines
1. The Philippine Constitution
2. The Philippine Magna Carta of Women
a. Fundamental Principles
3. The Family Code of the Philippines
ii. CEDAW and the Philippine legal system
Laws:
II. Women and Gender-Based Violence (GBV) Magna Carta of Women
a. Context Anti-VAWC Law
i. Concept of Violence Against Women Sexual Harassment Act
(VAW) Safe Spaces Act
ii. Reasons why VAW is a women’s rights
issues Cases:
b. Domestic VAW Garcia v. Drilon, GR No. 179267
i. Definition of VAW Dabalos v. Paras- Quiambao, GR No. 193960
ii. Physical violence AAA v. BBB, GR No. 212448
iii. Sexual violence XXX v. AAA, BBB, and minor CCC, GR No. 187175
iv. Psychological violence Jacinto v. Fouts, GR No. 250627
v. Economic abuse Knutson v. Flores, GR No. 239215
c. Remedies against VAW Melgar v. People, GR No. 223477
i. Protection orders Dinamling v. People, GR No. 199522
d. Other forms of sexual VAW Reyes v. People, GR No. 232678
i. Rape Tua v. Judge Mangrobang, GR No. 170701
ii. Work-related sexual harassment People v. Dreu, GR No. 126282
iii. Sexual harassment in an education or People v. Bautista, GR No. 140278
training environment People v. Felan, GR No. 176631
iv. Gender-based streets and public spaces
People v. Bagsic, GR No. 218404
sexual harassment
People v. Basallo, GR No. 182457
v. Gender-based online sexual harassment
Vertido v. The Philippines https://juris.ohchr.org/casedetails/1700/en-US
vi. Gender-based online sexual harassment
in the workplace
People v. Tano, GR No. L-11991
People v. Amarela and Racho, GR No. 225642-43
People v. De Guzman, GR No. 185843
LBC Express-Vis Inc. v. Palco, GR No. 217101
Florales et al., v. CA et al., GR No. 123048
In re: CO Untian, AC No. 5900
Domingo v. Rayala, GR No. 155831
Gatbonton v. NLRC, GR No. 146779
Escandor v. People, GR No. 211962
Laws:
III. Women and Labor Women in Development and Nation Building Act
a. Context Labor Code of the Philippines (Title III, Chapter 1)
i. Traditional roles of women and equality at work Batas Kasambahay
ii. The feminization of poverty Occupational Safety and Health Standards Act
b. Women engaged in an informal economy Expanded Breastfeeding Promotion Act of 2009
i. Home makers 105-Day Expanded Maternity Leave Law
ii. Domestic workers
iii. Women workers in the nightclub, cocktail lounge, Cases:
massage clinic, bar, or similar establishments Apex Mining Company Inc v. NLRC, GR No. 94951
c. Gender equality in labor
i. Right against discrimination Philippine Telegraph and Telephone Company v. NLRC, GR No. 118978
ii. Discrimination on the basis of marriage Capin-Cadiz v. Brent Hospitals and Colleges, Inc., GR No. 187417
iii. Gender-based discrimination concerning the terms Duncan Association of Detailma-PTGWO and Tecson v. Glaxo Wellcome
and conditions of employment Philippines, Inc., GR No. 162994
d. Special benefits and facilities for women employees Del Monte Philippines, Inc. v. Velasco, GR No. 153477
i. Seats proper for women Royal Plant Workers Union v. Coca Cola Bottlers Philippines, Inc., GR No.
ii. Separate toilet rooms 198783
iii. Lactation stations
iv. Nurseries
v. Maternity and reproductive health-
related benefits
Laws:
IV. Women and Migration Women in Development and Nation Building Act
a. Context CEDAW Committee General Comment No. 26
i. Feminization of labor migration Overseas Workers Welfare Administration Act
ii. Issues and challenges to the rights of Migrant Workers and Overseas Filipinos Act of 1995, as amended
women migrant workers
iii. Kafala system
b. General obligations of the Philippines as country
of origin under CEDAW
c. Women as participants in the formulation of
country migration policies Cases:
Philippine Association of Service Exporters Inc., v. Drilon and Achacoso, GR
No. 81958
JMM Promotion and Management Inc and Kary International, Inc. v. CA, GR
No. 120095
Becmen Service Exporter and Promotion, Inc. v. Spouses Cuaresma, GR No.
182978-79
Laws:
V. Women and Marriage and Family Life Family Code
a. Context Anti-Child Marriage Law
i. Legal-historical treatment of women in marriage Muslim Code of Personal Laws
and family relations in the Philippines Anti-Mail Order Bride Act
b. Entry to and dissolution of marriage CEDAW Committee General Recommendation No. 29
i. Equal rights in entering into marriage
1. Child marriage Cases:
2. Premature marriages Romualdez-Marcos v. COMELEC and Montejo, GR No. 119976
3. Polygamy Baptista v. Castaneda, CA No. 12
4. Forced marriage Raymundo v. Penas. GR No. L-6705
5. Mail-order bride Neng Malang v. Moson, GR No. 119064
ii. Dissolution of marriage and common People v. Subano, GR No. L-48143
relationship People v. Dumpo, GR No. L-42581
c. Rights and obligations during marriage Gadionco v. Penaranda, GR No. 79284
d. Successional rights Quita v. Court of Appeals, GR No. 124862
e. Property rights Republic v. Orbecido III, GR No. 154380
Republic v. Manalo, GR No. 221029
De La Vina v. Villareal and Geopano, GR No. L-13982
Pablo-Gualberto v. Gualberto, GR No. 154994
Espiritu v. CA, GR No. 115640
Medina v. Makabali, GR No. L-26953
Laperal v. Republic, GR No. L-18008
Remo v. Secretary of Foreign Affairs, GR No. 169202
Yasin v. Honorable Judge of Shariah District Court, GR No. 94986
Hi v. CA, GR No. 216425
In Re: Baldello, GR No. L-45375
Roa v. Collector of Customs, GR No. L-7011
Jader-Manalo v. Spouses Camaisa, GR No. 147978
Laws:
VI. Women and health Responsible Parenthood and Reproductive Health Act
a. Context CEDAW
i. Women’s right to health CEDAW Committee General Recommendation No. 24
b. Reproductive health care for women CEDAW Committee General Recommendation No. 15
i. Elements of reproductive health care
ii. Reproductive health care policies and religious
freedom Cases:
iii. Reproductive health care policies and privacy
rights Spouses Imbong et al., v. Ochoa, GR No. 204819
iv. Reproductive health care policies and parental
authority
c. Reproductive health education
i. Reproductive health education and academic
freedom
ii. Reproductive health education in the basic
education and tertiary and vocational levels
d. Family planning
i. Access to family planning services
ii. Abortion issues
e. Sexually-transmissible diseases
Laws:
VII. Rural women An Act Strengthening the Comprehensive Agrarian Reform Program (CARP)
a. Participation in and benefiting from rural Rural Farm Schools Act
development CEDAW
i. Representation of women in agrarian CEDAW Committee General Recommendation No. 34
reform programs
ii. Equal rights of rural women to benefit
from agrarian reform programs
b. Access to health care services
c. Social protection
d. Right to education
i. Rural farm schools
e. Employment of rural women
f. Adequate housing
g. Right to water, sanitation, and energy
Laws:
VIII. Elderly women Expanded Senior Citizens Act
a. Context CEDAW
i. The value of elderly women to society CEDAW Committee General Recommendation No. 27
b. Right to be informed and to avail legal rights and
remedies
c. Right to be protected on times of disruptions Cases:
d. Political rights Carlos Superdrug Corp v. DSWD, GR No. 166494
e. Right to education
f. Right to work
i. Opportunity to work or be re-employed
g. Right to social security
h. Economic and social rights of elderly women in
the countryside
i. Right to adequate housing
j. Right to basic necessities
k. Marriage and property rights
l. Right to health
m. Right to be protected from neglect, abuse, and
violence
Laws:
IX. The Gender Ombud of the Philippines EO 163
a. Commission on Human Rights as the country’s CEDAW
gender ombud CHR Gender Ombud Guidelines
b. Functions and Mandate of the Gender Ombud
c. Procedure Cases:
CHREA v. CHR, GR No. 155336
Carino v. CHR, GR No. 96681
Simon, Jr. v. CHR, GR No. 100150
Quisumbing v. Office of the Ombudsman, GR No. 223783