GENDER OMBUD REPORT 2016
• lack of or insufficient awareness of
communities and State actors on laws
protecting women9
• lack of training and insensitivity of duty
bearers particularly toward marginalized
women – women with disabilities, women with
HIV/AIDS, Moro and indigenous women, and
LGBTIs
• absence of protocols in handling women and
LBTs facing multiple and intersecting forms
of discrimination, including the lack of sign
language interpreters for deaf women.
The same consultations highlighted increased
vulnerability of women and LBTs during situations
of armed conflict, development aggression and
disaster.
The Commission, in its independent
report to the CEDAW Committee highlighted the
multiple and intersecting forms of discrimination
of women and LGBTIs, including issues concerning
accessibility and barriers to remedies. In the case
of LGBTIs, this is compounded by the stigma
associated with their identity and the absence of
protocols in handling their complaints. For hearing
impaired women, lack of access also refer to the lack
of interpreters despite the sign language trainings for
service providers and the directive of the Supreme
Court to provide interpreters in courts, police
precincts, health centers, and hospitals, among
others.
The Commission’s report to the CEDAW
also pointed to poverty and displacement due to
natural disasters, development aggression, and
armed conflict as factors increasing women and
girl children’s vulnerability to sexual violence,
trafficking, prostitution, and sexually transmitted
diseases. Moreover, women and girl children are
6
disadvantaged not only by the inadequate services
but also because services are not gender or culturallysensitive. People living in geographically isolated and
inaccesible areas, such as the Moros and indigenous
peoples, are particularly disadvantaged.
In response, the CEDAW Committee
emphasized the importance of accelerating
substantive equality in the context of intersectonality
of women’s identities. To quote:
The Committee recommends that the State party
further accelerate its achievement of substantive
gender equality and the full realization of human
rights for women, in particular by strengthening a
gender-sensitive approach to development, peace
and security, transitional justice, migration, disaster
risk reduction, preparedness and response, and
the mitigation of the negative impacts of climate
change, with special attention paid to women facing
multiple and intersecting forms of discrimination.
The Committee also recommends that the State
party ensure the active and meaningful participation
of women and women’s rights organizations in such
processes.10
CONTINUING CHALLENGES
IN THE IMPLEMENTATION OF
LAWS ON WOMEN
There have been significant victories on the
legal challenges to discrimination against women
in the law. The rulings of the Supreme Court in the
past decade consistently struck down stipulations
against marriage11 and discrimination on the basis of
pregnancy.12 It likewise upheld the constitutionality
of Republic Act No. 9262 (Anti-Violence Against
Women and their Children (VAWC) Act) in the
case of Garcia vs. Hon. Ray Alan Drilon (5 June
2013). The Supreme Court (SC) explained that the
law is based on substantial distinctions, specifically:
(a) violence against women is an expression of the
Regional Consultation (March 2016) result show that more than 50% of the FGDs conducted had participants who claim that they are not aware of the laws on women and children, and
that those who were aware, still felt the need for more information on the laws and legal and gender sensitivity training for government service providers
10
CEDAW/C/PHL/CO/7-8 para. 10
11
Zialcita vs. PAL (20 Feb. 1977), PT and T vs. NLRC (GR 118978)
12
Lakpue vs. Drug, Inc. vs. Belga (20 October 2005); Del Monte Phils,Inc. vs. Velasco (6 March 2007)
9