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A five-year gender equality score card for the Philippine Supreme Court under its first woman Chief Justice: opportunities seized and missed
International Journal of the Legal Profession ( IF 0.7 ) Pub Date : 2019-08-01 , DOI: 10.1080/09695958.2019.1646655
Emily Sanchez Salcedo 1
Affiliation  

ABSTRACT On 24 August 2012, the Honourable Maria Lourdes Sereno was appointed Chief Justice of the Philippine Supreme Court, the first woman to hold such position since its establishment in 1901. Several cases involving important women’s issues decided during her term were reviewed in this work, inspired by the possibility that a young, brilliant and hardworking woman of humble beginnings sitting at the helm could make a difference. Indeed, the Chief Justice manifested commendable grit in registering meaningful dissent in Imbong v. Ochoa, where she championed women’s bodily autonomy, and when she wrote a provocative concurrence in Vinuya v. Romulo, where she gave hope to women who suffered wartime atrocities. However, she missed an opportunity to put the rape shield law into good use in deciding People v. Batuhan and Lacturan. Her concurrence was also disappointing in Garcia v. Drilon, where she favoured rational basis review over intermediate level of scrutiny for gender-based classification, in People v. Jumawan where a conviction for marital rape was based on romantic paternalism, in People v. Palotes where additional compensatory damages were not considered for a rape victim who bore a child, in People v. Tionloc where acquittal was based on rape myths, and in People v. Caoili where the Court refused to call rape by its ugly name.

中文翻译:

菲律宾最高法院第一位女大法官任期五年的性别平等计分卡:抓住和错失的机会

摘要2012年8月24日,玛丽亚·卢德·塞雷诺(Maria Lourdes Sereno)女士被任命为菲律宾最高法院首席法官,这是自1901年成立以来第一位担任这一职位的妇女。这项工作对涉及她在其任期内决定的重要妇女问题的若干案件进行了审查,一个年轻,聪明而勤奋的,谦虚的女人坐在掌舵的可能性可能会产生影响。的确,首席法官在Imbong诉Ochoa案中记录了有意义的异议,在她倡导妇女的身体自治方面表现出了值得称赞的勇气;当她在Vinuya诉Romulo案中发表挑衅性的同意时,她给遭受战时暴行的妇女带来了希望。但是,她错过了在确定People诉Batuhan和Lacturan案时充分利用强奸保护法的机会。
更新日期:2019-08-01
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