Saturday, December 15, 2007

Restricting Work Equality through Gender Partiality

ANTO COMETA

Society has never been forbearing in terms of gender particularly in employment and equality of work opportunities. Institutions have prearranged standards and established tasks and functions wherein the abovementioned facets of work have been classified and segregated on the account of the individual’s sexual category. There have been numerous efforts of pushing gender sensitivity in employment opportunity and occupation. The creation and ratification of both local and international labor laws and policies seek to provide equal opportunity and shun discriminatory undertakings in both pre and full employment. However, it fell short of substance as they were never really effusively exercised.

Several provisions on both the Philippine Constitution and the Philippine Labor Code outlined the recognition, full protection and support of anti-discrimination in work and employment opportunities.[1] Furthermore, the International Labor Organization has set sight on the promotion of equality of opportunity and treatment by declaring and pursuing a national policy aimed at eliminating all forms of discrimination In respect of employment and occupation.[2] These necessitate that the state would make certain that the fundamental equality between individuals regardless of differences (physical, socio-economic and political relations) are observed and performed in the field of employment and occupation.

In spite of these, laws and policies concerning work opportunity and protection do not fully regulate employers in the selection of its workers and execution of work processes and functions assigned to the individual. To a certain extent it could be seen as if society and its institutions have accepted that preference in gender is not a barrier in the execution of occupational functions. The study conducted by Hector Morada and Lani Santos on sex discrimination in job advertisements in the Philippines reveal that within the period of 1975 to 1995 there has been decreasing figures in pre-employment sex discrimination . However, it did not signify that sex discrimination has declined or has been eliminated. A number of occupations exhibited persistence in eliminating discriminatory advertisements to avoid gender partiality while others display reversals in sex preferred by employers. [3]

We should not discard the fact that the individual is the principal component of any associations that could be instituted within the state. Establishment of these institutions would not be viable without optimizing the potential derived from each individual regardless of gender. With the current protection to labor and support in full employment and equality of employment opportunities, it still remains to be seen how far it would proceed and progress. Unless society and its institutions fully recognize that gender is not a factor that could encumber the functionality and performance in work, the essentials of the so called work equality could be deemed as distant from the ideal.



[1] Article 2 Section 14, Article 3 Section 1, Article 13 Section 3 of the 1987 Philippine Constitution, and Article 3 of the Philippine Labor Code

[2] International Labor Organization (ILO), Convention No. 111 – Convention Concerning Discrimination in Respect of Employment and Occupation

[3] Morada H. and Santos L., 2000, Sex Discrimination in Job Ads, Philippine Journal of Labor and Industrial Relations, pp. 89-99

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