Written by Kim Ramos/THE RED CHRONICLES
Layout by Lynden Valenzuela/THE RED CHRONICLES
A plethora of sociological and economic studies unveiled that the socio-normative standards elevated men to a social pedestal brought by the patriarchal and macho-feudal culture. Arising from the eons of mass movement, historical militancy and national democratic struggle of Filipino women, mass bases were formed, grassroots mobilizations arose, and echelons of power that couched men were disrupted. Ascending from the chain of social movements and political struggle, pro-women legislations were promulgated and signed into laws. However, it is undisputed that the culturally embedded anti-women systemic ills remain to lurk in the post-modern world. To this day, the longstanding resistance and struggle of women persist.
It seems that the fight for women’s rights is far from over. Janyn Mariella Montealegre, a simple woman and law student with a Bedan’s might and courage, persistently advocates for women’s rights within and beyond the academe.
In an exclusive interview with The Red Chronicles, Montealegre unraveled her aspirations as a student of the law, which eventually paved the path towards her fight for women’s rights.
Montealegre dreams of becoming a member of the Bar, while also being an advocate for women’s rights, were not made overnight. “My aspiration to become a lawyer did not begin when I was a child since I initially wanted to become a teacher. My dream of becoming a lawyer is not something I immediately knew from the very beginning. However, what sparked my dream [..] were my day-to-day mundane, yet life-changing conversations with my grandfather about politics and current events which made me want to pursue a career in government someday,” Montealegre told The Red Chronicles.
Impelled by the spirit of nationalism and drawn by a strong motive to fight against injustice, Montealegre started to move towards the direction where she can improve the lives of women, beginning with the rights of female inmates.
Montealegre conducted her research at the Correctional Institution for Women (CIW) in Mandaluyong City. Her study focused on Gender Sensitive Prison Management. “As I talked to one of the inmates who has been in prison for twenty-four (24) years, she uttered, “Bumalik ka dito iha, hihintayin ka namin maging abogado. (As I talked to one of the inmates who has been in prison for twenty-four (24) years, she uttered, “Come back here, hija. We will wait for you to become a lawyer.”) At that point, I realized I have a bigger world waiting for me,” she shared.
Montealegre added, “My ultimate motivation for entering law school is to learn more and be more, not just for myself and my family, but for the service of the people.”
Subsequently, she became a legal intern at the Humanitarian Legal Assistance Foundation (HLAF) under their Jail Decongestion Program. HLAF is a non-governmental organization that aims to protect and promote the rights of marginalized groups like women and Persons Deprived of Liberty (PDLs). According to her, HLAF was indeed an eye-opener as she realized how she could do so much with the privilege of studying the law. She was exposed to various activities which helped her learn a lot about the Philippines’ penal and correctional system as she got the chance to lead paralegal trainings and Kumustahan sessions for the PDLs and their families.
Montealegre’s research interest revolves around the rights of women, especially female Persons Deprived of Liberty (PDLs), gender-sensitive prison management, and the country’s compliance with the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (UN Bangkok Rules).
Beyond a conventional law student, Montealegre has been truly crafting her name outside the four corners of law school. Aside from Montealegre’s research revolving around the marginalized groups such as women and Persons Deprived of Liberty (PDLs), she has been also actively engaged in student research to challenge the status quo and improve the lives of women, particularly in the field of labor and employment.
Montealegre showcased her research paper titled “Tracking the Trajectory of Women’s Rights Integration in Philippine Labor Laws” at the Asian Legal History Conference which was held at the Chinese University of Hong Kong – Faculty of Law last June 20-21. Montealegre explained:
“My research paper chronicled women’s experiences in different epochs of Philippine history throughout our century-long struggle for the integration of women’s rights into the national legal system, from fighting for women’s suffrage to enacting State laws [that] take into account women’s human rights, especially in the field of labor and employment.”
Apart from her involvement in the research field, Montealegre believes that women can breach the glass ceiling in whatever field they engage in. She became an intern for the Commission on Human Rights (CHR) under the Center on Gender Equality and Women’s Human Rights where she assisted in uplifting the rights and welfare of Filipinas by conducting campaigns and forums. She assisted in the reports of the Commission, especially in the creation of the annual Gender Ombud Report which serves as an overall assessment of the status and condition of women in the Philippines.
Montealegre also participated as a delegate in the conference titled “ASEAN-Japan Special Youth Forum for the Promotion of Rule of Law” last July 5 to 6, 2023 to help in drafting a policy recommendation pertaining to the current status of justice in the Asia Pacific Region. The conference aims to improve the delivery of justice to the most vulnerable societal groups like the poor and marginalized, women and children.
Women Throughout History
History is replete with accounts which reveal the cold-blooded oppression of Filipino women. Women have been deprived of civil, political, and socio-economic rights dating from the Spanish conquistadorial rule. The policies, which were brewed by the colonial apparatuses, had fostered the exploitation of women subjects in colonial Manila and the countryside. Prior to the post-modern epoch, and during the American Imperialist Commonwealth period, bloodstains left by the creeping toes of injustice birthed the women’s rights movement as early as 1937.
In the face of systematic oppression and centuries of subjugation, women of the masses eventually decried the blatant denial of civil and political rights. Women pioneered to struggle against the vile perpetuation of domestic violence. They organized grassroots communities to reject scant economic opportunities. Filipino women intensified their calls against inhumane aestheticization, commodification, and subhuman injustice. Their political struggle attempted to dismantle the culturally embedded systems of power sowed by the macho-feudal agents.
Throughout this historical progression, women themselves clearly played a significant role in shifting the patriarchal societal narrative. Montealegre stated:
“Throughout history, women are considered active, rather than passive, actors in the overall integration process of women’s rights in our country’s legal system. This means that the Filipino women are “engaged in social change” instead of merely being observers of significant historical evolutions.”
With the complex historical accounts and laden bodies of literature illustrating gender-based violence, systematic repression, and social struggle of women, The Red Chronicles posed its query on the prospective advancement of women’s rights in the Philippines. When asked as to what she thinks the future holds for Women’s Rights in the country, Montealegre explained:
“From the Philippines’ historical evolution of depicting women as subservient individuals to becoming our country’s key nation builders and leaders, accompanied with the institutionalization and enactment of laws and social legislations which took into account the distinct needs of women, I am hopeful that our country is moving along the trajectory of closing the gender gap. Although the Philippines still has a lot of work to be done in addressing issues concerning women and transforming gender norms, our country is full of potential when it comes to the advancement of women’s rights.”
Women’s Struggle and the Philippine Legislation
Montealegre underscored the fine distinction between women’s rights and human rights.
“The way we define women’s rights is the same way we define human rights because women’s rights are human rights. The only difference is that in women’s rights, we specifically take into account the distinct gender-specific needs of women,” Montealegre said.
On the state efforts, the Philippines’ road to championing women’s rights has been challenging yet fulfilling. Montealegre posited that the country has a “proud tradition of gender advancement.”
“For instance, it was one of the first republics in Asia to grant women’s suffrage and has ratified several international agreements, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),” she added.
At present, the country’s legislative branch enacted various social legislations which catered to the gender-specific needs of women. One of which is the Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004 commonly known as VAWC Law. In addition, Republic Act No. 9710 or the Magna Carta of Women also seeks to protect women from discriminatory treatment and oppressive views. For new moms who want to spend more time with their newly born child, Republic Act No. 11210 or the Expanded Maternity Leave Law got you covered, expanding the maternity leave to 105 days. Together with other similar social legislations, it can be observed that there is a manifest effort on the part of the State to resolve gender gap issues in the country.
“Although our country’s path towards closing the gender gap and upholding women’s rights has not always been smooth sailing, the Philippines is actually a leader amongst its Asian neighbors when it comes to closing the gender gap as evident in its global rankings in the Word Economic Forum’s Global Gender Gap report,” Montealegre told The Red Chronicles.
A Call for Action
Despite the competitive global rankings occupied by the country in the recent Global Gender Gap reports, there is still a lot to be done as several factors still threaten the conditions of women in Philippine society today.
“Despite the improved global ranking, we must remain critical and vigilant as this bright prospect for successfully closing the gender gap is continuously threatened by other factors such as the political environment in our country which previously saw the rise of a macho, populist style of leadership which ushered the erosion of women’s rights and the normalization of misogyny,” Montealegre added.
Finally, when asked as to what actions can young individuals like her can do to forward the welfare of women and to help resolve the gender gap that exists in today’s society, Montealegre answered:
“It is my personal conviction that everything begins with the self. Taking action does not have to be in a grand manner. Taking action begins with ourselves and how we consistently rewire our brains into what is right and wrong. It starts by personally deconstructing our own belief systems and rejecting every trace of ingrained misogyny and sexist standards in our thoughts, words, and deeds. It is through healthy self-awareness accompanied [by] a conscious effort to hold ourselves accountable that we shape our mindsets and behaviors. The summation of all these individual efforts as we interact with one another would then create a fertile ground for the advancement of women’s rights.”