Gender-Fair Language & Courtroom Etiquette

Question 1

Title of A.M. 21-11-25-SC

Answer 1

Proposed Rules on the Use of Gender-Fair Language in the Judiciary and Gender-Fair Courtroom Etiquette

Question 2

Legal bases for A.M. 21-11-25-SC (5)

Answer 2

1. Article II, Sec. 11 of 1987 Constitution
2. Article II, Sec. 14 of 1987 Constitution
3. R.A. 7192 Women in Development and Nation Building Act
4. Sec.13 of R.A. 9710 The Magna Carta for Women
5. R.A. 11313 An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor

Question 3

5 Main points gender-fair language in A.M. 21-11-25-SC

Answer 3

1. Eliminate language, written, and spoken, that excludes or renders invisible persons of another gender and/or people with diverse Sexual Orientation, Gender Identity, Expression, Sex Characteristics (SOGIESC)
2. Eliminate language that trivializes or diminishes the stature of persons of another gender and/or people with diverse SOGIESC
3. Eliminate language which disparages and marginalizes persons of another gender and/or persons of diverse SOGIESC
4. Eliminate language that fosters unequal gender relations
5. Eliminate sexist language in quoted material

Question 4

7 Main points in gender-fair courtroom etiquette

Answer 4

1. Address all lawyers neutrally as “counsel” or “attorney”
2. Address all non-lawyer litigants, witness, and other court users as “Mister,” “Mrs.,” or “Miss,” “Sir” or “Ma’am” as appropriate
3. When addressing minors, refrain from using words like “little boy,” “little girls,” “hijo/iho,” “hija/iha.” Instead, use their first names or nicknames, if known, to put them at ease and to avoid the diminutive references
4. Refrain from any act or proceeding that will demean, embarrass, humiliate, or degrade any party by reason of gender.
5. Refrain from perpetuating gender stereotypes
6. Avoid comments on or insinuations related to physical appearance that may draw unwanted attention to one’s gender.
7. Justices, judges, court personnel, and litigants are all responsible in observing gender-fair language and etiquette in the courts. Gender insensitive acts or omissions committed in one’s presence should be courteously but discreetly corrected in the most respectful manner.

Question 5

4 Points for language that excludes or renders invisible

Answer 5

1. The use of generic masculine
2. Unwarranted use of masculine pronouns
3. Use of masculine terms for professions, occupations and roles
4. Sex-appropriated terms

Question 6

4 Points for language that trivializes or diminishes

Answer 6

1. Use of diminutive feminine suffixes
2. Use of sex-linked modifiers
3. Gender-linked modifiers
4. Use of outdated honorifics and forms of address

Question 7

2 Points for language that disparages and marginalizes

Answer 7

1. Use of disparaging language
2. Gender stereotypes

Question 8

2 Points for language that fosters unequal gender relations

Answer 8

1. Words and phrases that lack parallelism
2. Calling attention to a person’s sex

Question 9

2 Points for sexist language in quoted material

Answer 9

1. Sexist language in quoted material
2. Distracting, pointless, and gratuitous language which perpetuate stereotypes and double-meanings

Question 10

Rule on use of generic masculine

Answer 10

STOP using “man”
START people/person(s)/human(s)

Question 11

Rule on unwarranted use of masculine pronouns

Answer 11

STOP using his/her
START they/their or a/an

Question 12

Rule on masculine terms for professions, occupation and roles

Answer 12

STOP Chairman
START Chairperson

Question 13

Rule on sex-appropriated terms

Answer 13

STOP he, or his wife
START such judge, or his or her spouse or child

Question 14

Rule on use of diminutive feminine suffixes

Answer 14

STOP -ess, -ette, -trix (starlet,executrix, usherette)
START actor, executor, usher

Question 15

Rule on sex-linked modifiers

Answer 15

STOP lady doctor
START physician

Question 16

Rule on gender-linked modifiers

Answer 16

STOP gay entertainer
START entertainer

Question 17

Rule on outdated honorifics and forms of address

Answer 17

STOP Mrs. (If not relevant to the case), Dra.
START Ms. (If marital status is irrelavant to the case), Dr.

Question 18

Rule on use of disparaging language

Answer 18

STOP spinster, salesgirl
START unmarried, sales employee

Question 19

Rule on gender stereotypes

Answer 19

STOP sportsmanship, policeman, stewardess, gay
START fair play, police officer, flight attendant, homosexual

Question 20

Rule on lack of parallelism

Answer 20

STOP man and wife, young men and girls
START husband and wife, young men and women

Question 21

Rule on calling attention to a person’s sex

Answer 21

STOP delivery boy, motherhood
START deliverer, parenthood

Question 22

Rule on sexist languatge in quoted material

Answer 22

STOP quoting sexist language
START paraphrasing the quote using non-sexist language, or add sic in direct quotation, or partially quoting the material

Question 23

How to addess Public Prosecutor and Public Attorney

Answer 23

Prosecutor [Last Name] / Public Attorney [Last Name]

Question 24

Rule on refraining from any act that will demean, embarrass, humiliate or degrade any party by reason of gender

Answer 24

If the information in an arraignment would expose the accused to ridicule or debasement related to gender, public should be excluded, and only parties and counsel should be there, unless reading of information is waived

Question 25

Rule on refraining from perpetuating gender stereotypes

Answer 25

Don’t say ladies first or “lalaki ka naman”

Question 26

Rule on avoiding comments on or insinuations related to physical apperance that may draw unwanted attention to one’s gender

Answer 26

Don’t call attention to the lawyer’s pregnancy

Question 27

3 Main Points on Employing Inclusive Language of the Supreme Court Stylebook

Answer 27

1. Mention specific details only when relevant
2. Inclusive language for persons with disabilities
3. Gender-fair language

Question 28

2 Sub points to inclusive language for persons with disabilities

Answer 28

1. Use people-first language
2. Exceptions to the people-first language

Question 29

What do you mean by people-first language?

Answer 29

People-first language emphaizes the person and not the disability, which is only used as a description of the person’s condition. Do not use condescending or patronizing terms

Question 30

Examples of people-first language

Answer 30

1. Instead of Disabled, use Persons with Disability
2. Instead of Handicapped, use Persons with Physical Disability
3. Instead of Retard, use Person with learning disability
4. Instead of Autistic, use Person with autism spectrum disorder

Question 31

Exceptions to the use of people-first language (4)

Answer 31

1. “Unsound Mind” in Family Code
2. “Deaf and Dumb” in both Revised Penal Code and Rules of Court
3. “Insane or Demented” and “Deaf-mute” in the Civil Code
4. “Hospitalized Lepers” in the Rules of Court

Question 32

The 3 neopronouns

Answer 32

Xe/Xem/Xyr

Question 33

This honorific has been adopted by Merriam-Webster Dictionary as a gender-neutral title. Used for those who do not identify as being of particular gender, or for people who simply don’t want to be identified by gender

Answer 33

Mx.