SC Shares Legal Feminism Study to UP College of Law
November 28, 2023
Associate Justice Jhosep Y. Lopez (center), Co-Chairperson, Supreme Court Committee on Gender Responsiveness in the Judiciary (CGRJ) and Mr. Christian T. Eldon (third from left), Team Leader, European Union-Justice Sector Reform Programme: Governance in Justice II (GOJUST II), turn over a copy of the Supreme Court’s “Study on Legal Feminism” to Prof. E. (Leo) D. Battad (second from left) of the University of the Philippines (UP) College of Law Gender Law and Policy Program (GLPP) during the “Legal Feminism in Philippine Gender Jurisprudence” event on November 24, 2023 at the Malcolm Theater of the UP College of Law in Diliman, Quezon City. Joining them as witnesses are (from left) Atty. Hendrix C. Bongalon, Gender Law and Policy Officer, GLPP; Associate Justice Maria Filomena D. Singh, Co-Chairperson, SC CGRJ; Atty. Glenda T. Litong, Faculty Member, GLPP; and Prof. Michael T. Tiu, Jr., Gender and Faculty Law and Policy Officer, GLPP. (Courtesy of the Supreme Court Public Information Office)
Associate Justice Maria Filomena D. Singh, Co-Chairperson, Supreme Court Committee on Gender Responsiveness in the Judiciary, presents the results of the “Study on Legal Feminism” commissioned by the Supreme Court during the “Legal Feminism in Philippine Gender Jurisprudence” event on November 24, 2023 at the Malcolm Theater of the University of the Philippines College of Law in Diliman, Quezon City. (Courtesy of the Supreme Court Public Information Office)
In line with its commitment towards ensuring gender sensitivity and gender responsiveness in the administration of justice and recognizing the academe’s role in shaping the legal landscape, the Supreme Court (SC) presented the Study on Legal Feminism to law professors and law students during the Legal Feminism in Philippine Gender Jurisprudence event on November 24, 2023 at the Malcolm Theater, University of the Philippines (UP) College of Law in Diliman, Quezon City.
The Study, which involved the review of 153 SC decisions from 2006-2022, focused on four key areas: gender-fair language, marriage and family, LGBTQIA+, and rape (including child sexual abuse). It is a fulfillment of the objectives of the third guiding principle “Equal and Inclusive Justice” under the targeted outcome “Access” of the Strategic Plan for Judicial Innovations 2022- 2027 (SPJI). The SPJI is the Supreme Court’s blueprint of action for judicial reform.
Associate Justice Maria Filomena D. Singh, Co-Chairperson, SC Committee on Gender Responsiveness in the Judiciary (CGRJ), presented the results of the Study, while Associate Justice Jhosep Y. Lopez, Co-Chairperson, SC CGRJ, turned over a copy of the Study to the UP College of Law’s Gender Law and Policy Program (GLPP).
In his message, Justice Lopez stressed that the Court hopes that the Study will contribute to the gender justice discourse” and “trigger reflection and lasting change in how our courts and tribunals write decisions to portray individuals in dignity.”
He added that he, together with his SC CGRJ Co-Chairpersons Justice Singh and Associate Justice Henri Jean Paul B. Inting, believes that the Study “will encourage institutions such as the UP College of Law to discover and develop gender responsive and inclusive policies that will leave a lasting impact in the academe.”
Justice Singh discussed significant decisions of the Court on rape and other cases involving violence against women and children (VAWC), while emphasizing the importance of using gender-fair language and improving consciousness regarding different genders, stating that gender sensitivity is already a step towards inclusivity. “We cannot achieve gender equality without first having gender sensitivity,” she said.
Approved under A.M. No. 22- 02-28-SC (Re: Proposed Study on Legal Feminism in the Philippine Jurisprudence) dated March 1, 2022, the Court commissioned the Study through the CGRJ in cooperation with the Justice Sector Reform Programme: Governance in Justice II (GOJUST II) funded by the European Union. It was conducted by experts Damcelle Torres-Cortes and Maricel Aguilar and was undertaken from February to November 2022.
As stated in the SPJI, the Study aimed to “look into the courts’ interpretation of gender-responsive laws and its capacity to point out gender-responsive remedies; the awareness of gender biases, gender inequalities, and discrimination as they manifest in decisions (e.g., stereotyping men and women, gender-based violence), and to pronounce corrective statements or measures to overcome the biases, inequalities, and discriminations.” Ultimately, the Court aims to use the Study in guiding the Judiciary towards gender-responsive actions and policies, both in adjudication and in reform. (Courtesy of the Supreme Court Public Information Office)