Wednesday, August 18, 2010

Kopi Talk - The gender factor in the Supreme Court

Hi florangel thanks for the article women in Singapore traditionally played a small role in the politics of Singapore and Singapore's public life. Nonetheless in recent years, there is an increasing women representation in public life as more women have started running for political office. Notable female politicians include the highest ranked female politician in the history of Singapore; former Acting Minister Seet Ai Mee, Minister of State Yu-Fu Yee Shoon, and Amy Khor Lean Suan, a district mayor. Several women also became Nominated Members of Parliament, representing a range of societal interests such as women groups and conservation groups. Singapore Prime Minister Lee Hsien Loong has used the Chinese adage “Women hold up half the sky” in his tribute at the wing’s anniversary bash, saying it was good to have women well represented in its Parliament. I guess that will change the landscape of Philippine poltics

Posted by Florangel
Recently, the spotlight was on new Supreme Court Justice Ma. Lourdes Aranal Sereno, who was appointed by President Aquino from among the 28 nominees of the Judicial and Bar Council. In fact, she was not on the initial list and even in the second batch; she was No. 6 which was at the bottom of the list. But P-Noy chose her because of her track record - unquestionable integrity, probity, independence, and competence.

At 50, she will have another 20 years in the high court, with a high probability that she could become its first woman Chief Justice.

By now, readers must be aware of her impressive accomplishments - legal victories which included the Frapport and Piatco cases, and the North Cotabato vs. Government in 2008 which declared unconstitutional the Memorandum Agreement on Ancestral Domain. Too, she has earned praises from former colleagues and students at the University of the Philippines, the Judicial Academy, the Hague Academy of International Law, the University of Western Australia, and the Asian Institute of Management, where she taught international law. Until recently, she was executive director of the AIM Policy Center.. She will certainly provide a fresh perspective to the court. P-Noy had earlier acknowledged the need for vital judicial reforms, especially in human rights, as well as support for his anti-corruption measures.. He specifically pointed out the need for a responsive protection program for whistleblowers and witnesses.

It looks like 50 is a "magic" age for women appointees to the Supreme Court. US President Barack Obama's two appointees are both women in their fifties. Sonia Sotomayor, Hispanic in origin, is 50 years old and taught and practiced law for several years. Appointed in 2009, she was followed by Elena Kagan, in 2010 - as the 112th associate justice. Kagan, like Sotomayor is an academic who spent some time in government. Their predecessors were Ruth Bader Ginsberg (1993) and Sandra Day O'connor, (1981). The latter was the first woman to break into an all-male judiciary since its founding in 1789.

The appointment of a Filipino-American, Tani Gorre Cantil Sakauye as Chief Justice of the California Supreme Court was hailed by Filipinos abroad who welcomed the ascent of someone with whom many share common historical roots. Cantil Sakauye, who is also 50 years of age, came from an immigrant family. Her Filipina mother was a farmworker and her Filipino-Portuguese father who was born in Hawaii worked in sugarcane and pineapple plantations. While in college, she waited on tables and at the same time was involved in issues affecting minorities. During her 20-year judicial career as a judge and associate justice in the Court of Appeals, she issued rulings on constitutional rights and environmental protection.

Although the Supreme Court in the Philippines was founded only in 1901 (compared with the United States High Court which was founded in 1789) , we have had a total of 13 women associate justices as compared with the United States which has had only four. Our first woman Supreme Court Justice, Cecilia Munoz Palma (considered the most influential among her peers during her time), was appointed in 1973. Justice O'Connor was appointed in 1981.

Our other women justices are Amuerfina Melencio Herrera, Irene Cortes, Carolina Grino Aquino, Flerida Ruth Romero, Minerva Gonzaga Reyes, Consuelo Ynares Santiago, Angela Sandoval Gutierrez, Alicia Austria Martinez, Conchita Carpio-Morales, Menita Chico Nazario, Teresita Leonardo de Castro, and Ma. Lourdes A. Sereno.

Of the 13 women justices appointed within the span of 109 years, four are still with Corona court. While we have a much more gender-fair record than the United States, much needs to be done in improving the existing ratio. An analyst describes the situation in the US (which could pertain to many countries of the world) as a "symbolic breakthrough." But he recognizes that there is still a "lamentable" dearth of women in the judiciary. Especially during these times when the gender perspective will be needed on environmental concerns and the rising violence against women. My e-mail is florangel.braid@gmail.com.