Guidelines on Promoting Women’s Empowerment and Gender Equality in the University of the Philippines
Approved by the UP Board of Regents on its 1309th Meeting, 22 July 2015
WHEREAS, the University of the Philippines, hereinafter referred to as “the University”, upholds the principles of human rights and gender equality;
WHEREAS, the University upholds the 1987 Constitution which explicitly recognizes the role of women in nation building and the fundamental equality before the law of women and men, as well as the Magna Carta of Women (Republic Act No. 9710) and its implementing rules and regulations;
WHEREAS, the University seeks to ensure that the potentials of all persons, specifically those who are marginalized and socially excluded, are fully developed;
WHEREAS, the University condemns all forms of discrimination and violence that are obstacles to the full participation of women in economic, social, cultural, civil and political life of the University and the nation;
THEREFORE, the University commits to provide an intellectual, healthy, gender-friendly environment that promotes gender equality within the premises and jurisdiction of the University and shall adopt gender mainstreaming as a strategy to implement the Magna Carta of Women and strictly implement policies, guidelines, rules and procedures which are gender-responsive, gender-sensitive and culture-sensitive to the dynamics of interaction among all members of the academic community;
NOW, THEREFORE, by virtue of the powers vested in it, the Board of Regents of the University hereby promulgates the following Gender Guidelines promoting women’s empowerment and gender equality:
SECTION 1. Title. – This document shall be known and cited as the “Guidelines on Promoting Women’s Empowerment and Gender Equality in the University of the Philippines” or by the short name “U.P. Gender Guidelines.”
Sec. 2. Coverage. – The U.P. Gender Guidelines shall apply to any and all constituent universities, offices and units, existing or as may be established .
DEFINITION OF TERMS
Sec. 3. Definition of Terms. – The following terms shall mean:
A. “Affirmative Action”* refers to a special measure undertaken as a policy action to accelerate the attainment of gender equality in all aspects of the University. Affirmative action should not result in unequal or separate standards and must be discontinued when the objectives of equality of opportunity and treatment have been achieved.
B. “Audit of GAD Funds” refers to a comprehensive audit of the University policies, fund programs, projects and activities focusing on the area of gender and development to determine economy, efficiency, and effectiveness of interventions in addressing gender issues in the University.
C. “Constituent University” – The University is composed of its existing Constituent Universities, as follows: University of the Philippines Diliman; University of the Philippines Manila; University of the Philippines Los Baños; University of the Philippines Visayas; University of the Philippines Mindanao; University of the Philippines Baguio; University of the Philippines Open University; and those that may be created in the future.
D. “Culture-sensitive” is the state of knowing that cultural differences as well as similarities exist, without assigning values, i.e. better or worse, right or wrong, to those cultural differences.
E. “Employee” refers to any person who holds an official appointment or designation in any academic or administrative unit of the University and includes any person who is working in the University as casual or contractual personnel and does not have an employee-employer relationship with the University.
F. “Gender” refers to the socially constructed or determined differences between men and women such as roles, attitudes, behaviors and values. The term “gender” is not interchangeable with the term “sex”, which refers exclusively to the biological differences between men and women. They are learned through the socialization process. These differences determine what is considered appropriate for members of each sex. They are context-specific and can be modified. Other variables, such as ethnicity, class, age and ability intersect with gender differences.
G. “Gender and Development (GAD)” refers to the development perspective and process that is participatory and empowering, equitable, sustainable, free from violence, respectful of human rights, and supportive of self-determination and actualization of human potentials. It seeks to achieve gender equality as a fundamental value that should be reflected in development choices; seeks to transform society’s social, economic, and political structures and questions the validity of the gender roles ascribed to women and men; contends that people are active agents of development and not just passive recipients of development assistance; and stresses the need for women and other marginalized sectors to organize themselves and participate in political processes to strengthen their legal rights.
H. “Gender Audit” refers to a form of “social audit” or “quality audit” which determines whether the organization’s internal practices and related support systems for gender mainstreaming are effective, are reinforcing each other and are being followed. This tool or process assists organizations in establishing a baseline, identifying critical gaps and challenges, and recommending ways of addressing them.
I. “Gender-awareness” is the ability to identify problems arising from gender inequality and discrimination, even if these are not evident on the surface and are “hidden,” or are not part of the general and commonly accepted explanation of what and where the problem lies. Gender awareness means a high level of gender conscientization.
J. “Gender Discrimination” refers to any gender-based distinction, exclusion, or restriction, which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by any person, of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field.
It includes any act or omission, including by policy, administrative measure, or practice, that directly or indirectly excludes or restricts anyone, on the basis of gender identity, sex or sexual orientation in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges.
Provided, that a measure or practice of general application is gender discrimination if it fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations, as a result of which concerned persons are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or any person is shown to have suffered the greater adverse effects of those measures or practices.
Provided, finally, that discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion shall be considered gender-based discrimination under the U.P. Gender Guidelines.
K. “Gender Equality” refers to the principle asserting the equality of everyone regardless of gender and their right to enjoy equal conditions realizing their full human potentials to contribute to and benefit from the results of development and with the State recognizing that all human beings are free and equal in dignity and rights.
L. “Gender Equity” refers to the policies, instruments, programs, services, and actions that address unequal gender relations in society by providing preferential treatment and affirmative action as appropriate.
M. “Gender-Fair” or “Gender-Neutral” or “Gender-Friendly” refers to policies, rules and regulations that are applicable to gender; having equal impact on all, giving each person equal access to resources and benefits of a development initiative. In language, it refers to gender-inclusive pronouns that neither reveal nor imply the gender or the sex of a person. These policies may or may not result in gender-fair or gender-friendly outcomes.
N. “Gender Mainstreaming” refers to the strategy for making the design, implementation, monitoring, and evaluation of policies and programs in all social, political, civil, and economic spheres so that every person, regardless of gender, benefits equally and that inequality is not perpetuated. It is the process of assessing the implications of any planned action, including legislation, policies, or programs in all areas and at all levels so that these contribute to achieving gender equity and equality.
O. “Gender-based Violence” refers to an umbrella term for any harmful act that is perpetrated against a person’s will, and that is based on socially ascribed (gender) differences between males and females. While women and girls are the primary victims of gender-based violence because of their subordinate status vis-a-vis men and boys worldwide, men and boys may be victims of violence that is based on socially determined roles, expectations and behaviors linked to ideas about masculinity.
Gender-based Violence may also constitute acts, which impair or nullify the enjoyment of any person of human rights and fundamental freedoms under general international law or under human rights conventions. These rights and freedoms include:
1. The right to life;
2. The right not to be subject to torture or to cruel, inhuman or degrading treatment or punishment;
3. The right to equal protection according to humanitarian norms in time of international or internal armed conflict;
4. The right to liberty and security of person;
5. The right to equal protection under the law;
6. The right to equality in the family;
7. The right to the highest standard attainable of physical and mental health; and,
8. The right to just and favorable conditions of work.
P. “Gender-responsive” refers to giving consistent and systematic attention to the differences between women and men in society with the view to addressing structural constraints to gender equality.
Q. “Gender-responsive Budgeting” refers to government planning, programming and budgeting that contributes to the advancement of gender equality and fulfillment of women’s rights. It entails identifying and reflecting needed interventions to address gender gaps in University policies plans and budgets.
R. “Gender-sensitive” refers to the ability to recognize gender issues and to recognize women’s different perceptions and interests arising from their different social position and gender roles.
S. “Gross monthly compensation” refers to the monthly basic pay plus mandatory allowances fixed by law.
T. “Gynecological disorders” refers to disorders that would require surgical procedures such as, but not limited to, dilatation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor, including hysterectomy, ovariectomy and mastectomy.
U. “Marginalization” refers to a condition where a group is excluded from useful and meaningful participation in the political, economic, social, and cultural life of the University.
V. “Marginalized” refers to the basic, disadvantaged, or vulnerable persons or groups in the university. These include, but are not limited to, women in the following sectors and groups:
1. “Children” refers to those who are below eighteen (18) years of age or over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
2. “Indigenous Peoples” refers to a group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community on communally-bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition, and other distinctive cultural traits, or who have, through resistance to political, social, and cultural inroads of colonization, non-indigenous religions and culture, became historically differentiated from the majority of Filipinos. They shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural, and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains as defined under Section 3 (h), Chapter II of Republic Act No. 8371, otherwise known as the “Indigenous Peoples Rights Act of 1997.”
3. “Moro” refers to native peoples who have historically inhabited Mindanao, Palawan, and Sulu, and who are largely of the Islamic faith.
4. “Persons with Disabilities” refers to those who are suffering from restriction or different abilities, as a result of a mental, physical, or sensory impairment, to perform an activity in
the manner or within the range considered normal for a human being, as defined in Republic Act No. 7277 as amended by Republic Act No. 9442, otherwise known as the “Magna Carta for Disabled Persons.”
5. “Senior Citizens” refers to those sixty (60) years of age and above.
6. “Solo Parents” refers to those who fall under the category of a solo parent defined under Republic Act No. 8972, otherwise known as the “Solo Parents’ Welfare Act of 2000.”
W. “Medical Ethics” refers to a set of biomedical norms that abide by the principles of autonomy or respect for persons, justice, beneficence and non-maleficence. In order to affirm autonomy, every effort must be made to discuss treatment preferences with patients and to document them in the patients’ charts. The principle of beneficence requires service providers, other things being equal, to do good or what will further the patient’s interest. The principle of non-maleficence requires service providers, other things being equal, to avoid harm to the patient, or what would be against the patient’s interests. Justice is the principle that requires distribution of goods and services, including medical goods and services, and considers the following criteria: likelihood to benefit the patient, urgency of need, change in quality of life, and duration of benefit. As used in these Rules and Regulations, the term ethical shall relate to the foregoing definition.
X. “Minimum Initial Service Package for Reproductive Health (MISP)” refers to a set of priority activities to be implemented during the onset of emergencies due to conflict situations or natural disasters, including when refugee camps are being established. These priority activities include the following:
1. Provision of reproductive health services;
2. Implementation by appropriately trained health service providers, which include a coordinator for reproductive health;
3. Development of guidelines and training materials on the implementation of selected interventions; and
4. Availability of essential drugs, basic equipment and supplies based on the recommended standards of the Department of Health (DOH). The aim of the MISP is to reduce mortality and morbidity associated with reproductive health issues during crisis situations, particularly among women.
Y. “Sexuality” is a central aspect of being human throughout life and encompasses sex, gender identities and roles, sexual orientation, eroticism, pleasure, intimacy and reproduction. Sexuality is experienced and expressed in thoughts, fantasies, desires, beliefs, attitudes, values, behaviors, practices, roles and relationships. While sexuality can include all these dimensions, not all of them are always experienced or expressed. Sexuality is influenced by the interaction of biological, psychological, social, economic, political, cultural, ethical, legal, historical and religious and spiritual factors.
Z. “Social Inclusion” refers to policies, programs, and mechanisms that ensure individuals’ access to essential elements related with their wellbeing and the development of their capabilities and functionalities. Broadly speaking, social inclusion represents people’s capabilities to exercise their human rights and a set of civil liberties that enable them to participate in society and to reinforce their individual and collective identity.
In an inclusive society, every individual has an active role to play. Such a society is based on fundamental values of fairness, equality, social justice, and human rights and freedoms, as well as on the principles of tolerance and embracing diversity. It also incorporates mechanisms that enable the constituents to participate in decisions that affect their lives and ultimately, their common future.
AA. “Social Protection” refers to policies and programs that seek to reduce poverty and vulnerability to risks and enhance the social status and rights of the marginalized sectors; to recognize and protect the basic rights of all employees to a living wage, security of tenure, career development, and humane working conditions; to protect against hazards and sudden loss of income, and to improve people’s capacity to manage risks.
BB. “Special Leave Benefits for Women” refers to a female employee’s leave entitlement of two (2) months with full pay from the University based on her gross monthly compensation following surgery caused by gynecological disorders, provided that she has rendered continuous aggregate employment service of at least six (6) months for the last 12 months.
CC. “Student” refers to any person (1) admitted and registered in a degree or non-degree program, or cross-registered in any course of the University on a regular or part-time basis, including those who are officially on leave of absence; (2) admitted and registered in the UP administered primary and secondary schools and those enrolled in the University supervised daycare centers; and (3) who has not yet been separated from the University formally through either transfer, graduation, honorable or dishonorable dismissal or expulsion or expiration of the period allowed for maximum residence, regardless of whether or not he or she is enrolled in any unit of the University.
DD. “Substantive Equality” refers to the full and equal enjoyment of rights and freedoms contemplated under the U.P. Gender Guidelines. It encompasses de jure and de facto equality and also equality in outcomes.
EE. “Temporary Special Measures” refers to executive, administrative, and regulatory instruments, policies, and practices aimed at accelerating de facto gender equality. These measures shall not be considered discriminatory but shall in no way entail, as a consequence, the maintenance of unequal or separate standards. They shall be discontinued when their objectives have been achieved.
FF. “University System-wide units” refers to all units and offices under the Office of the UP President and Vice Presidents, and such other units and offices that may be created in the future.
GG. “Violence Against Women (VAW)” refers to any act of gender-based violence that results in, or is likely to result in physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or in private. It shall be understood to encompass, but not limited to, the following:
1. Physical, sexual, and psychological violence, including rape, sexual abuse, sexual harassment, and intimidation occurring in a work-related or education-related environment; and
2. Physical, sexual, and psychological violence occurring in a work-related or education-related environment perpetrated or condoned by the University System whether directly or indirectly. It also includes acts of violence against women as defined in Republic Acts No. 9208 or the Anti-Trafficking of Persons Act of 2003 and 9262 or the Anti-Violence Against Women and Their Children Act of 2004.
Under the U.P. Gender Guidelines, this term is seen and defined herein as a special category of “gender-based violence”.
HH. “Women’s Empowerment” refers to the provision, availability, and accessibility of opportunities, services, and observance of human rights which enable women to actively participate and contribute to the political, economic, social, and cultural development towards academic excellence, as well as those which shall provide them equal access to promotion, training opportunities, study and scholarship grants.
II. “Women/Gender Center/Office” refers to the office, program, or committee organized in each Constituent University that functions, among other matters, to (1) create and sharpen awareness of women and gender-related issues; (2) encourage and strengthen teaching, research, extension, and advocacy programs on gender and for gender equality; (3) vitalize Women’s and Gender Studies multi- and interdisciplinary programs; (4) initiate the integration of gender concepts into academic curricula; and (5) promote incentives for the recognition of the achievements and contributions of women and other marginalized sectors to national development and gender consciousness.
JJ. “Women in Special Circumstances” refers to women that may be in inherently unfavorable situations and are thus given special attention herein. For the purposes of these Guidelines, Women in Special Circumstances include:
1. Women affected by disasters, calamities and other crisis situations – refers to women of the university who are affected or victims of disasters, calamities, and other crisis situations.
2. Women in Sports – refers to women who are engaged in competitive and non-competitive sports representing the University, either as players or coaches, among others.
3. Women in arts and media – refers to women who are in the Arts (visual or performing arts) or Media (print, broadcasting, film, etc.), and whose engagements may range from performances, works, competitions and exhibitions within the University, to representing the University for such activities.
4. Women of Indigenous peoples – refers to women who have been identified as belonging in Indigenous groups as have been previously defined under “Marginalized”.
5. Women with disabilities – refers to women who are suffering from restriction or different abilities, as a result of a mental, physical, or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.
6. Women in Sciences and Engineering, and those assigned to fieldwork – Women engaged in the field of Applied and Natural Sciences, Social Sciences and Engineering, including, but not limited to undergraduate and graduate students, faculty members and researchers, and are, due to the nature of their field, often engaged in fieldwork.
7. University Officials, faculty members, employees and students in Especially Difficult Situations – refers to victims and survivors of sexual and physical abuse, victims and survivors of rape and incest, and such other related circumstances, which may have incapacitated them functionally.
KK. “Women in University Police and in other Security services” refers to women employed in the University Police, Special Security Brigade, and private security agencies who are providing security to areas and properties from various forms of threat. It also includes women trainees in the Reserve Officers’ Training Corps.
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN
The University, in general, and all individuals therein shall contribute to the recognition, respect, and promotion of gender equality.
Sec. 4. The University as the Primary Duty-Bearer. – The University shall not discriminate on the basis of gender; shall not violate human rights with the understanding that women’s rights are human rights; and shall work for the promotion and fulfillment of gender equality.
Sec. 5. Participation and Representation. – The University shall undertake affirmative action to accelerate the participation and equitable representation of women within the University. While the U.P. Gender Guidelines reiterate the emphasis on women under the Magna Carta of Women, the University recognizes that true democratization will require similar affirmative action for other marginalized sectors and that full gender equality cannot be achieved without full democratization.
A. Empowerment within the University – Within the next five (5) years, the number of women shall be increased in the ranks of decision makers, such as boards, committees, councils, and similar bodies, to achieve a gender balance. Increasing women’s opportunities and capacities to engage in decision-making within the University shall in no way be used to justify the underrepresentation of other marginalized sectors. Provided further, that no University Official shall be removed from office on account of achieving the gender balance.
B. National and International Bodies – The Guidelines shall ensure the equal opportunity and equal treatment of women and men, regardless of their sexual orientation or gender identity, to represent the University at the national and international level and to participate in the work of national and international organizations.
C. Integration of Women in Campus Organizations – The University shall encourage the integration of women in leadership positions and internal policy-making structures, appointive and electoral nominating processes.
Sec. 6. Equal Treatment before the Law. – The University shall review and, when necessary, amend and/or repeal existing University Rules and Regulations that discriminate on the basis of gender, within one (1) year from the effectivity of the U.P. Gender Guidelines.
Sec. 7. Equal Access and Elimination of Discrimination in Education, Scholarships, and Training. – A. The University shall ensure that gender stereotypes and images in educational materials and curricula are adequately and appropriately revised. Gender-sensitive language shall be used at all times. Education and information programs on gender and development (GAD), peace and human rights for all University officials, faculty members, employees and students shall be pursued.
Within three (3) years from the adoption of the U.P. Gender Guidelines, all Constituent Universities and University System-wide units, working through the proper authorities and channels, but in close coordination of the various women’s/gender centers/offices, shall:
1. Develop and promote gender-sensitive curriculum:
(a) Set minimum standards on gender sensitivity that will be integrated in the subjects/courses/training curricular, co-curricular and extra-curricular for students and trainees;
(b) Integrate the principles of gender equality in curricular offerings and pedagogical systems and strategies;
(c) Ensure that all counseling and career education programs are gender responsive;
(d) Adopt a comprehensive gender-fair or gender-neutral language policy.
2. Develop gender-fair instructional materials:
(a) Review, revise and update programs, syllabi, textbooks and other instructional materials to ensure that gender biases and discrimination are adequately and appropriately revised;
(b) Develop gender-responsive instruments for the evaluation of instructional materials and curricula, including criteria about gender concepts, values, and gender-fair language; and
(c) Ensure that evaluators and personnel in-charge of instructional materials and curricula are knowledgeable on gender sensitivity, peace, human rights education, and use of gender-sensitive language.
3. Capacity Building Program – Implement a capacity building program on gender, peace and human rights education for their University officials, employees and students.
4. Fellowship, Scholarship, and Training programs – Develop policies to ensure that all academic and non-academic personnel, regardless of sex, gender identity, sexual orientation, ethnicity, political, social, economic and religious status and affiliations have equal access to scholarships, fellowships and training programs.
Guarantee fellowship, scholarship, and training programs for women and girls. Factors such as sex, creed, civil status, sexual orientation, political or religious affiliation or belief, ethnicity, disability, pregnancy, motherhood, lack of consent of husband or any other similar discriminatory condition, and age (other than the normal provisions relating to retirement) shall not be grounds for disqualification in the grant of scholarships.
B. Admission of Women – The University shall provide incentives to units that will undertake programs to attract women in traditionally male-dominated courses and skills training, provided that the University’s policies on admission are complied with.
C. Discriminatory Acts – Expulsion and non-readmission of women faculty due to pregnancy outside of marriage shall be prohibited. No unit of the University shall refuse admission to a female student solely on the account of her pregnancy outside of marriage during her term in school. For this purpose, each Constituent University shall ensure that:
1. Women University officials, faculty members, employees and students who become pregnant outside of marriage shall not be discriminated by reason thereof. They shall not be dismissed, separated from work, forced to go on leave, re-assigned or transferred. They shall have access to work already held with no diminution in rank, pay or status and shall be entitled to all benefits accorded by law and by the concerned learning institutions.
2. No female student shall be expelled, dismissed, suspended, refused or denied of admission, or forced to take a leave of absence from any UP academic unit solely on grounds of pregnancy outside marriage during her school term. When needed, students who are pregnant shall be accorded with a special leave of absence from school upon advice of the attending physician, and be given an opportunity to make up for missed classes and examinations.
3. Pregnant University officials, faculty members, employees and students shall be assisted through available support services while in the University.
D. Prevention of Violence; Support and Redress for Victims
1. Programs and policies, to prevent gender-based violence including violence against women (VAW) and other forms of gender-based violence, shall be developed. These shall include the review, revision or development of existing institutional mechanisms for complaints and redress in cases of rape, sexual harassment, and other forms of gender-based violence and discrimination, and provide assistance to students, faculty, or personnel who have been victims; and
2. Assistance for coordination with PNP, DOJ, CHR, DSWD, and the LGU shall be extended by the concerned unit in the University so that appropriate assistance is given to female officials, faculty members, employees and students who are victims of rape, sexual harassment and other forms of gender-based violence and discrimination.
3. All University officials, faculty members, employees and students involved in the protection and defense of women against gender-based violence, shall regularly undergo the mandatory orientation on gender-based violence and discrimination within one year from approval of the U.P. Gender Guidelines.
4. Informational materials on gender equality and VAW shall be distributed to all University officials, faculty members, employees and students on entry in the University.
Sec. 8. Right to Health. – A. Comprehensive Health Services – The University shall endeavor to provide all University officials, faculty members, employees and students comprehensive, culture-sensitive, and gender-responsive health services and programs.
Access to management, treatment, and intervention of physical and mental health problems shall be ensured.
To implement the provisions on comprehensive health services, the University, as appropriate and necessary, shall perform the following roles and functions:
1. Review and revise existing health programs, develop plans, policies, standards and gender guidelines in the implementation of said programs that are gender-responsive, gender-sensitive, rights-based and culture-sensitive;
2. Formulate standards and develop information, education, communication and advocacy strategies for the implementation of gender-responsive, gender-sensitive and culture-sensitive health programs;
3. Provide support in the development of innovative but gender-responsive, gender-sensitive and culture-sensitive projects, strategies, and approaches;
4. Establish network and coordination mechanisms with other stakeholders particularly NGOs, private and commercial sectors;
5. Provide technical assistance on the implementation of programs for women to all Constituent Universities and University System-wide units.
6. Develop and institutionalize a sex and gender-disaggregated report/ databank on health-related concerns.
7. In appropriate cases, provide facilities, such as breastfeeding areas, child-minding centers, gender-sensitive toilets and dressing rooms, and qualified and capable health service providers.
B. Comprehensive Health Information and Education – The University shall provide all University officials, faculty members, employees and students with appropriate, information and education on all the aspects of health.
Health education programs shall include:
1. Age-appropriate health and sexuality education taught by trained educators that are gender-responsive, gender-sensitive, rights-based and culture-sensitive;
2. Trainings for health service providers/educators towards gender responsiveness, gender sensitivity, culture sensitivity, non-discrimination and non-judgmental behaviors and attitudes; and
3. Centers to provide health and sexuality education and counseling.
Sec. 9. Right to Decent Work. – The University shall ensure decent work standards in conditions of freedom, equity, security, and human dignity.
The University shall:
1. Advance the right to decent work by promoting equal opportunities for employment and equal treatment, and strengthening social dialogue. To achieve this, the University shall facilitate adequate consultative mechanisms with workers and employers groups and organizations;
2. Ensure the provision of support services as protection from occupational and health hazards taking into account women’s maternal functions in accordance with standards established by DOLE, including but not limited to, the conduct of orientations and trainings, and provide available information, education and communication materials.
3. Work closely with both the employers and unions or worker representatives in promoting a safe and healthy workplace.
4. The University shall support the balancing of family obligations and work responsibilities by providing child-minding facilities, nursing/lactation breaks, flexible work arrangements, and anti-sexual harassment initiatives.
5. In the exercise of their labor rights, all workers are free to exercise their right to self-organization and are encouraged to form unions and join associations.
6. Moro and non-Moro Muslim and Indigenous employees shall be allowed to observe their cultural practices in the workplace provided that the University is notified by the applicant or employee about the cultural practice/s that she needs to observe and the cultural practice/s will neither hamper work efficiency of the employee nor be prejudicial to the operation of the workplace.
7. Give women the opportunity to benefit from skills training without discrimination and for that purpose: (1) Disseminate available training and scholarship programs; and (2) Maintain a database of workers who have availed of skills development and training.
WOMEN IN SPECIAL CIRCUMSTANCES
Sec. 10. Women in Special Circumstances. – A. Women Affected by Disasters, Calamities, and Other Crisis Situations – Women of the University have the right to protection and security in times of disasters, calamities, and other crisis situations affecting women in the University. The University shall provide assistance, allocation of resources, and early resettlement of women affected by calamity within the University and its jurisdiction. The services offered may include available psychological and health services. The University shall ensure their full protection from sexual exploitation and other sexual and gender-based violence committed against them. Responses to disaster situations shall include the provision of services.
For this purpose, the Constituent Universities shall ensure:
1. The development of a gender-responsive disaster management tool kit and training of all responsible agencies to prepare for disasters, mitigate the risks, to ensure a coordinated and gender-sensitive response in all stages of the emergency, and to coordinate timely, adequate and culturally appropriate provision of relief goods and services.
2. The disaster management response shall include measures to prevent sexual violence in evacuation centers and relocation sites that may be established. These include: (a) security and safety of women and children; (b) security patrols preferably by female security officers; (c) prohibition of alcohol, drugs and gambling, among others.
The Constituent Universities shall actively involve women in the decision-making processes during the relief efforts.
B. Women in Sports – The University shall develop, establish, and strengthen programs for women in competitive and noncompetitive sports representing the University to achieve excellence, promote physical and social wellbeing, eliminate gender role stereotyping, and provide equal access to all benefits.
For this purpose, the University shall, within one (1) year from publication of the U.P. Gender Guidelines, establish and integrate affirmative action as a strategy to gender equality as a framework in planning and implementing their policies, budgets, programs, and activities relating to women in sports.
The University shall provide material and nonmaterial incentives to sports organizations for promoting, training, and preparing women for competitive and noncompetitive sports, especially in local and international events.
No sports event or tournament played within the University will offer or award a different sports prize, with respect to its amount or value, to women and men winners in the same sports category. This rule shall apply when the tournament, contest, race, match, event, or game is open to both sexes and is divided into male or female divisions.
The University shall ensure the safety and wellbeing of all women in sports, including trainees, reserve members, members, coaches, and mentors of sports teams, in all phases, by providing them comprehensive health and medical insurance coverage, as well as integrated medical, nutritional, and healthcare services.
In particular, the University shall endeavor to:
1. Train more female coaches for girls’ and women’s teams;
2. Conduct activities such as sports clinics and seminars for potential female leaders, coaches, and teachers at least once a year;
3. Provide equal incentives and awards for both men and women for any competition;
4. Provide equal opportunities for scholarships and travel grants for women leaders, coaches and athletes with adequate sport mechanism;
5. Provide sufficient funds to support women in sports;
6. Form more women’s teams in athletic leagues;
7. Collect sex-disaggregated data in sports.
The University shall, at the beginning of every school year, publish its total women-student population for the purpose of granting athletic scholarships. Each constituent unit shall ensure pro-rata representation of women in the athletic scholarship program based on the percentage of women in the whole student population.
C. Women in Arts and Media – The University shall develop, establish, and strengthen programs for women in arts and media to achieve excellence, promote physical and social wellbeing, eliminate gender role stereotyping, and provide equal access to all benefits.
For this purpose, the University shall, within one (1) year from publication of these, establish and integrate affirmative action as a strategy and gender equality as a framework in planning and implementing their policies, budgets, programs, and activities relating to women arts and media.
The University will provide material and nonmaterial incentives to arts and media organizations within the University for promoting, training, and preparing women for local and international arts and media events.
No art and media event will offer or award a different prize, with respect to its amount or value, to women and men winners in the same event category.
The University shall formulate policies and programs for the advancement of women in collaboration with government and non-government media-related organizations. It shall likewise endeavor to raise the consciousness of the University officials, faculty members, employees and students in recognizing the dignity of women and the role and contribution of women in the family, community, and the society through strategic use of art and media.
The dignity of women and their roles and contributions in all spheres of private and public life shall be promoted.
The malicious and unreasonable portrayal of women in a discriminatory, demeaning, and/or derogatory manner in art and media is not encouraged or condoned, unless the medium is utilized for educational purpose. The University shall not permit violence against women in any form and/or the violation of their human rights in art and media.
D. Women of Indigenous Peoples – The University shall recognize and respect the rights of Moro and indigenous women to practice, promote, protect, and preserve their own culture, traditions, and institutions and to consider these rights in the formulation and implementation of policies and programs in consultation with the sectors concerned to protect their rights to their indigenous knowledge systems and practices, and other manifestations of their cultures and ways of life. Provided, that these cultural systems and practices are not discriminatory to women. The University shall support social protection schemes created for the indigenous peoples.
E. Women with disabilities – The University shall support a social protection scheme consistent with benefits given by the University.
F. Women in Sciences, Engineering and other traditionally male-dominated disciplines and those assigned in fieldwork – The University shall develop, establish, and strengthen programs and activities that will eliminate gender stereotyping in the physical, geological, chemical and engineering sciences, and other traditionally male-dominated disciplines, taking into account the differential and gender effects of health hazards in the workplace and in fieldwork.
Sec. 11. Women in Especially Difficult Circumstances. – The University shall as far as practicable, deliver the necessary services and interventions to victims and survivors of sexual and physical abuse, victims and survivors of rape and incest, and such other related circumstances which have incapacitated them functionally. These services may include:
(a) Temporary and protective custody;
(b) Medical and dental services;
(c) Psychological evaluation;
(e) Psychiatric evaluation;
(f) Legal services;
Sec. 12. Gender Mainstreaming as a Strategy for Implementing the Magna Carta of Women. – Within two (2) years from the adoption of the U.P. Gender Guidelines and every three (3) years thereafter, the University shall review its gender mainstreaming in consultation with the University officials, faculty members, employees and students and modify the programs accordingly.
The University shall adopt gender mainstreaming to eliminate gender discrimination in its systems, structures, policies, programs, processes, and procedures.
A. Planning, Budgeting, Monitoring and Evaluation for GAD –
1. Development of GAD Plans and Programs. The University System and its Constituent Universities/Units shall formulate their annual GAD Plans, Programs and Budgets as follows:
(a) Conduct a gender audit, gender analysis, and review of age and sex-disaggregated data;
(b) Following the conduct of a gender audit, gender analysis, and/or review of sex-disaggregated data, develop GAD Plans, Programs, and Budget to address gender gaps or issues faced by University officials, faculty members, employees and students. The U.P. Gender Guidelines, the Philippine Plan for Gender-Responsive Development (PPGD), the Beijing Platform for Action (BPFA), and the CEDAW, among others, shall serve as key documents to guide the identification of gender issues and the formulation of GAD Plans, Programs and Budget; and
(c) Consult with the University officials, faculty members, employees and students to ensure the relevance of their GAD Plans and Programs. Where needed, temporary special measures shall be included in their plans.
2. Budgeting for GAD Plans and Programs
(a) The University President shall ensure that at least five percent (5%) of the total University budget appropriations shall correspond to activities supporting GAD Plans and Programs as well as other gender mainstreaming activities;
(b) The University President shall ensure that five to thirty percent (5-30%) of funds received from foreign governments and multilateral agencies are in support of gender-responsive programs and projects. The GAD Budget may be allocated using any or a combination of the following:
i. As a separate GAD fund to support GAD-focused programs projects and activities;
ii. As fund to support integrating gender perspectives in regular/flagship programs and projects;
iii. As counterpart fund to support gender-responsive Official Development Assistance (ODA)-funded projects.
(c) The University President shall review the GAD Plans, Programs, and Budgets;
(d) The University President through the UPCWGS shall consolidate all GAD annual reports and shall make recommendations for subsequent programs and projects, which recommendation shall be sent to the Constituent Universities and the University System-wide units for implementation.
3. Enhancement of Existing Implementing Tools/ Mechanisms.
(a) The University President shall ensure that all Constituent Universities and University System-wide offices adopt gender-responsive performance-based budgeting;
(b) The Constituent Universities and the University System-wide units, in coordination with the University officials, faculty members, employees and students and other relevant offices shall develop gender audit tools and any other tools necessary for gender mainstreaming.
4. Mainstreaming Gender Perspective in University Plans. To move towards a more sustainable performance based planning and budgeting, Constituent Universities and the University System-wide units shall adhere to the U.P. Gender Guidelines in mainstreaming a gender perspective in their jurisdiction.
5. Monitoring and Evaluation of the Implementation of and Budget Utilization for GAD Plans and Programs. The University System, in consultation with Constituent Universities shall institute a system to monitor and evaluate the effectiveness of their GAD budget utilization.
B. GAD Authority.
1. University of the Philippines Center for Women and Gender Studies (UPCWGS). The University Center for Women Studies, which will be renamed as the “University of the Philippines Center for Women and Gender Studies”, shall address concerns and issues on women, gender, and sexuality in the University and in society, in consonance with the teaching, research and extension thrusts of the University.
The UPCWGS shall:
(a) Create and sharpen awareness of women and gender issues in the University as well as in the larger society;
(b) Encourage and strengthen teaching, research, extension and advocacy programs on and for women and gender mainstreaming;
(c) Strengthen and vitalize multi- and interdisciplinary programs in women and gender studies;
(d) Initiate the integration of gender concepts in academic curricula;
(e) Promote incentives for, and the recognition of, women’s achievements and contribution to national development and gender consciousness; and
(f) Provide an organizational umbrella for System-wide activities in women and gender studies.
As the oversight body on women’s/gender concerns, the UPCWGS shall act as catalyst for gender mainstreaming, authority on women’s concerns, and lead advocate of women’s empowerment, gender equity, and gender equality.
2. The Director of UPCWGS. In recognition of the role of women, and in the spirit of promoting women’s empowerment and gender equality, the Director of UPCWGS may be invited to the regular meetings of the President’s Advisory Council (PAC).
The UPCWGS advises and recommends to the President on policies, programs and projects that will ensure the gender responsiveness of the university in all endeavors.
3. The Constituent University’s Women’s/ Gender Center or Office. The Women’s/Gender Center or Office of the Constituent Universities, under the Office of the Chancellor, shall act as the GAD Focal Point at the Constituent University level, with the following functions:
(a) Initiate gender mainstreaming activities.
(b) Lead in ensuring that all offices have the capacity to effectively implement the U.P. Gender Guidelines through capacity-building activities on, among others, gender sensitivity and gender analysis.
(c) Ensure that GAD Focal Points are appointed in all colleges, centers of learning and vital units of the Constituent University.
(d) Provide technical assistance to all GAD Focal Points.
(e) Monitor the implementation of the U.P. Gender Guidelines;
(f) Monitor and evaluate the budget utilization for GAD Plans and Programs in coordination with the budget office;
(g) Collate, review and make recommendations to the annual GAD Accomplishment Reports of the colleges and units and other GAD reports that may be required under the U.P. Gender Guidelines for submission to the Chancellor of the Constituent University.
In the same manner that the Director of the UPCWGS may be invited to the regular meetings of the PAC, the director/ coordinator of the Constituent Unit’s Women’s/ Gender Center or Office may be invited to the regular meetings of the Chancellor’s Advisory Council and/or Executive Committee.
The Constituent Unit director/ coordinator advises and recommends to the Chancellor on policies, programs and projects that will ensure the gender responsiveness of the university in all endeavors.
The Constituent University and University System-wide units shall submit to the President, through the Office of the Chancellor their GAD plan budget, at the beginning of the year, and their Accomplishment and Financial Reports at the end of each year;
To effectively and efficiently undertake and accomplish its functions, all Constituent Universities without the Women’s/ Gender Center or Office, within one (1) year from the adoption of the U.P. Gender Guidelines, shall ensure the Board of Regents’ approval of their structure and staffing patterns.
C. Creation and/or Strengthening of the GAD Focal Points (GFPs). The University President, the Chancellors of the Constituent Universities, and all Deans and heads of units in the Constituent Universities are de facto Gender Focal Points. They may however designate their respective alternates. These GAD Focal Points shall ensure the formulation, implementation and evaluation of the GAD plans, programs and activities and budget in their respective offices.
D. GAD Database. All Constituent Universities and the University System-wide units shall develop and maintain a GAD database containing GAD information to include gender statistics and age, sex and gender-disaggregated data that have been systematically produced/ gathered, regularly updated to serve as inputs or bases for planning, programming, and policy formulation. The University shall issue statistical policies on the generation of data support on gender issues and improve the system of collection and dissemination of gender statistics.
Sec. 13. Gender Mainstreaming.– Within two years from the adoption of the U.P. Gender Guidelines, and every three (3) years thereafter, the Constituent Universities and the University System-wide units shall review their gender mainstreaming strategy in consultation with key stakeholders and modify the program accordingly.
Sec. 14. Incentives and Awards.– There shall be established an incentives and awards system which shall be administered by the University for outstanding achievement and/or performance in upholding the rights of women and effective implementation of GAD programs and projects.
Sec. 15. Penalties. – Units within the University which, after having undergone due process, are found guilty of violating the provisions of these Guidelines, shall be subject to sanctions in accordance with University mechanisms, policies, rules and regulations. Additionally, the person directly responsible for the violation, as well as the head of the unit shall, after having undergone due process, also be held liable.
Moreover, individuals who, after having undergone due process, are found to have committed gender-based discrimination, violence or other offenses in the University shall be considered guilty of simple misconduct, disgraceful or immoral conduct, or conduct prejudicial to the best interest of the service, as each case may warrant and shall be subject to sanctions in accordance with existing University policies, rules and regulations.
Provided, that the University’s actions to address the violation shall not preclude the victim from filing criminal or civil charges against the violating individual/entity pursuant to other relevant laws. As such, the University shall also establish mechanisms for assisting the victim in filing of such actions.
Sec. 16. Separability Clause. – If for any reason, any part or provision of the U.P. Gender Guidelines shall be held invalid, other sections or provisions hereof which are not affected thereby shall continue to be in full force and effect.
Sec. 17. Effectivity. – The U.P. Gender Guidelines shall take effect as approved by the Board of Regents, fifteen (15) days after publication in the University’s Official Gazette.
List of Acronyms
BPFA – Beijing Platform for Action
CEDAW – Convention on the Elimination of All Forms of Discrimination Against Women
CHR – Commission on Human Rights
CU – Constituent Unit
DOH – Department of Health
DOJ – Department of Justice
DOLE – Department of Labor and Employment
DSWD – Department of Social Welfare and Development
GAD – Gender and Development
GBV- Gender-Based Violence
GFP – GAD Focal Point
LGU – Local Government Unit
MISP – Minimum Initial Service Package
NGO – Non-Government Organization
OASH – Office of Anti-Sexual Harassment
OP – Office of the President
PAC – President’s Advisory Council
PNP – Philippine National Police
PPGD – Philippine Plan for Gender-Responsive Development
UP or U.P. – University of the Philippines
UPCWGS – University of the Philippines Center for Women and Gender Studies
VAW – Violence Against Women
NOTES ON THE DEFINITION OF TERMS
The terms defined within the guidelines are sourced from the following relevant laws, rules and regulations, conventions and pertinent organizations:
• RA 9710 gender “An Act Providing for the Magna Carta of Women”
• Implementing Rules and Regulation of RA 9710
• Philippine Commission on Women, Official Website
• RA 9500, “An act to Strengthen the University of the Philippines as the National University”
• United Nations Women Watch, Official Website
• Beijing Platform for Action (BPFA)
• Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)
• United Nations Millenium Development Goals
• UNICEF, Official Website
• Merriam Webster Dictionary
• Black’s Law Dictionary
• United National Statistical Commission, 1993 International Classification by Status in Employment’
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