Gender-Fair Language & Courtroom Etiquette Flashcards
Title of A.M. 21-11-25-SC
Proposed Rules on the Use of Gender-Fair Language in the Judiciary and Gender-Fair Courtroom Etiquette
Legal bases for A.M. 21-11-25-SC (5)
- Article II, Sec. 11 of 1987 Constitution
- Article II, Sec. 14 of 1987 Constitution
- R.A. 7192 Women in Development and Nation Building Act
- Sec.13 of R.A. 9710 The Magna Carta for Women
- 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
5 Main points gender-fair language in A.M. 21-11-25-SC
- 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)
- Eliminate language that trivializes or diminishes the stature of persons of another gender and/or people with diverse SOGIESC
- Eliminate language which disparages and marginalizes persons of another gender and/or persons of diverse SOGIESC
- Eliminate language that fosters unequal gender relations
- Eliminate sexist language in quoted material
7 Main points in gender-fair courtroom etiquette
- Address all lawyers neutrally as “counsel” or “attorney”
- Address all non-lawyer litigants, witness, and other court users as “Mister,” “Mrs.,” or “Miss,” “Sir” or “Ma’am” as appropriate
- 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
- Refrain from any act or proceeding that will demean, embarrass, humiliate, or degrade any party by reason of gender.
- Refrain from perpetuating gender stereotypes
- Avoid comments on or insinuations related to physical appearance that may draw unwanted attention to one’s gender.
- 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.
4 Points for language that excludes or renders invisible
- The use of generic masculine
- Unwarranted use of masculine pronouns
- Use of masculine terms for professions, occupations and roles
- Sex-appropriated terms
4 Points for language that trivializes or diminishes
- Use of diminutive feminine suffixes
- Use of sex-linked modifiers
- Gender-linked modifiers
- Use of outdated honorifics and forms of address
2 Points for language that disparages and marginalizes
- Use of disparaging language
- Gender stereotypes
2 Points for language that fosters unequal gender relations
- Words and phrases that lack parallelism
- Calling attention to a person’s sex
2 Points for sexist language in quoted material
- Sexist language in quoted material
- Distracting, pointless, and gratuitous language which perpetuate stereotypes and double-meanings
Rule on use of generic masculine
STOP using “man”
START people/person(s)/human(s)
Rule on unwarranted use of masculine pronouns
STOP using his/her
START they/their or a/an
Rule on masculine terms for professions, occupation and roles
STOP Chairman
START Chairperson
Rule on sex-appropriated terms
STOP he, or his wife
START such judge, or his or her spouse or child
Rule on use of diminutive feminine suffixes
STOP -ess, -ette, -trix (starlet,executrix, usherette)
START actor, executor, usher
Rule on sex-linked modifiers
STOP lady doctor
START physician
Rule on gender-linked modifiers
STOP gay entertainer
START entertainer
Rule on outdated honorifics and forms of address
STOP Mrs. (If not relevant to the case), Dra.
START Ms. (If marital status is irrelavant to the case), Dr.
Rule on use of disparaging language
STOP spinster, salesgirl
START unmarried, sales employee
Rule on gender stereotypes
STOP sportsmanship, policeman, stewardess, gay
START fair play, police officer, flight attendant, homosexual
Rule on lack of parallelism
STOP man and wife, young men and girls
START husband and wife, young men and women
Rule on calling attention to a person’s sex
STOP delivery boy, motherhood
START deliverer, parenthood
Rule on sexist languatge in quoted material
STOP quoting sexist language
START paraphrasing the quote using non-sexist language, or add sic in direct quotation, or partially quoting the material
How to addess Public Prosecutor and Public Attorney
Prosecutor [Last Name] / Public Attorney [Last Name]
Rule on refraining from any act that will demean, embarrass, humiliate or degrade any party by reason of gender
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
Rule on refraining from perpetuating gender stereotypes
Don’t say ladies first or “lalaki ka naman”
Rule on avoiding comments on or insinuations related to physical apperance that may draw unwanted attention to one’s gender
Don’t call attention to the lawyer’s pregnancy
3 Main Points on Employing Inclusive Language of the Supreme Court Stylebook
- Mention specific details only when relevant
- Inclusive language for persons with disabilities
- Gender-fair language
2 Sub points to inclusive language for persons with disabilities
- Use people-first language
- Exceptions to the people-first language
What do you mean by people-first language?
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
Examples of people-first language
- Instead of Disabled, use Persons with Disability
- Instead of Handicapped, use Persons with Physical Disability
- Instead of Retard, use Person with learning disability
- Instead of Autistic, use Person with autism spectrum disorder
Exceptions to the use of people-first language (4)
- “Unsound Mind” in Family Code
- “Deaf and Dumb” in both Revised Penal Code and Rules of Court
- “Insane or Demented” and “Deaf-mute” in the Civil Code
- “Hospitalized Lepers” in the Rules of Court
The 3 neopronouns
Xe/Xem/Xyr
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
Mx.
