Gender Equality: Infidelity, Adultery and Concubinage

Gender equality refers to the state of men and women having equal opportunities and equal access to the same rights and benefits[1]. The principle of gender equality encompasses the prohibition of discrimination and the adoption of special measures in favour of women[2]. In CEDAW gender discrimination is defined as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field”[3]. Several countries around the world adopted the principle on gender equality on their constitutions like Canada[4], Lao[5] and Kuwait[6]. Organizations like the European Union[7] and International Labor Organization[8] are also adopted the principle of gender equality in their organization’s policies. Here in the Philippines; gender equality is incorporated in the 1987 Constitution under Article II on Declaration of Principles and State Policies[9].

Apparently, here in the Philippine, despite that the principle of gender equality on laws is a state policy under the 1987 Constitution[10], gender inequalities still exist in the Philippine legal system. Examples of these inequalities are the crime of adultery and concubinage under the revise penal code. The penal provisions on adultery and concubinage both constitute marital infidelity but are viewed differently. The disparity in treatment stems from gender biases that use double standards in being more lenient thus seemingly accepting the infidelity of men as normal, but more stringent on women who are expected to be one who is faithful to her husband no matter what[11]. Adultery is also a crime in Korea punishable by up to two (2) years in jail[12]. Other countries such as the Russia[13], Canada[14], Israel[15] and Poland[16], adultery represents as ground for divorce. Iran[17], Pakistan[18], Saudi Arabia[19] and Yemen[20] punish adultery by death however; there have been no recent executions unless other crimes were involved.

The problem in the crime of Adultery and Concubinage under the Philippine laws is that while both aims to punish marital infidelity of the spouses, there is higher burden put on wives than on husbands. The main objective of my legal research is to eliminate the discriminatory distinction in the crimes of adultery and concubinage, which gives the wives who commited adultery heavier burden than the husbands committed concubinage.

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[1] Mrs. Diana Opar, The inclusion of principles of gender equality and women’s rights for gender-sensitive constitution, available at http://www.un.org/womenwatch/osagi/feature/postconflict/Opar-IPU.pdf, last accessed 22 December 2014

[2] Id                                                                   

[3] UN General Assembly, Convention on the Elimination of All Forms of Discrimination Against Women, 18 December 1979, United Nations, Treaty Series, vol. 1249, p. 13.

[4] Baines, Beverley. "Section 28 of the Canadian Charter of Rights and Freedoms: A Purposive Interpretation". Queen's Univ. Legal Studies Research Paper No. 07-04; Canadian Journal of Women and the Law, Vol. 17, pp. 55-80. (2005)

[5]  Central Intelligence Agency (2011) The World Fact Book: Lao PDR, available at https://www.cia.gov/library/publications/the-world-factbook/geos/la.html, last accessed 22 December 2014.

[6] Central Intelligence Agency (CIA) (2010) World Factbook: Kuwait, online edition, https://www.cia.gov/library/publications/the-world-factbook/geos/ku.html  last accessed 22 December 2014

[7] Europa Website: http://www.europarl.europa.eu/committees/en/femm/home.html  last accessed 22 December 2014

[8]International Labor Organization, Gender Equality. Available at www.Ilo.com/gender. last accessed 22 December 2014  

[9] Phil. Const. Art II. Sec 14

[10] Id, Supra

[11]Philippine Commission on Women, Policy on Marital Infidelity. Available at  http://pcw.gov.ph/wpla/marital-infidelity-law accessed 22 December 2014

[12] Law Office of Jeremy D. Morley(2012) International Family Law: Adultery in Korea. Available at http://www.international-divorce.com/adultery-law-korea.htm  last accessed 22 December 2014

[13]Law Office of Jeremy D. Morley(2012) International Family Law: Divorce Law in Russia Available at http://www.international-divorce.com/d-russia.htm last accessed 22 October 2014

[14] Divorce Act of Canada, R.S.C. 1985

[15] Law Office of Jeremy D. Morley(2012) International Family Law: Divorce Law in Israel. Available at http://www.international-divorce.com/d-israel.htm  last accessed 22 December 2014

[16] Law Office of Jeremy D. Morley(2012) International Family Law: Divorce law in Poland. Available at http://www.international-divorce.com/ca-poland.htm last accessed  22 December 2014

[17] The Islamic Penal Code of Iran, Book II, Chapter I, Section 1

[18] Mahmood, Shaukat and Nadeem Shaukat, HADOOD LAWS (MUSLIM PENAL LAWS), Lahore, Pakistan: Legal Research Center, Noor Vills, Second Edition 1994. 

[19] Buba Iman, "Safiyatu's conviction untenable under Sharia," Jenda: A Journal of Culture and African Women Studies, Volume 1.2 (2001)

[20] Human Rights Situation in Yemen. Available at http://www.europarl.europa.eu/meetdocs/2004_2009/documents/nt/613/613967/613967en.pdf Accessed 22 December 2014