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The Supreme Court adopts Guidelines on Gender-Fair Language in the Judiciary and Gender-Fair Courtroom Etiquette

On 15 February 2022, the Supreme Court En Banc adopted and approved, through a Resolution, A.M. No. 21-11-25-SC or the Guidelines for the Use of Gender-Fair Language in the Judiciary and Gender Fair Courtroom Etiquette (the “Guidelines”). In recognition of how language articulates consciousness, reflects culture, and affects socialization, the Guidelines listed common practices that need to be eliminated and adopted in the judiciary and in the courtrooms.

The language to be eliminated and gender-fair language to be adopted in the judiciary is summarized as follows:

Language to be eliminated

Language to be adopted

Language, written and spoken, that excludes or renders invisible persons of another gender and/or people with diverse sexual orientation, gender identity and expression, and sex characteristics (“SOGIESC”)

1. The use of gender-neutral mass nouns
2. The inclusion of women in a general statement about the human condition
3. The use of plural nouns to avoid using third person singular pronouns
4. The use of articles (a, an, the) as substitute for pronouns
5. The use of widely used gender-neutral forms of professions, occupations, and roles
6. Continue using gender-neutral terms that the law employs
7. The use of “spouses” for “wives”, “family” for “wife and child”, and similar terms

Language that trivializes or diminishes the stature of persons of another gender and/or people with diverse SOGIESC

1. The use of gender-neutral terms and avoid using feminine suffixes such as -ess, -ette, -trix, or -enne
2. The use of gender-neutral forms of occupations and/or common nouns
3. The removal of references to gender identity and/or expression when irrelevant
4. The use of Ms. Instead of Mrs. when:

a.) The woman’s marital status is irrelevant to the issues, or
b.) The woman’s preferred form of address is unknown.

5. The use of a married woman’s name instead of her husband’s
6. The use of gender-neutral honorifics or terms

Language which disparages and marginalizes persons of another gender and/or persons of diverse SOGIESC

1. The use of non-oppressive, modern terms
2. The use of the term “woman” instead of unnecessary metaphors
3. The use of gender-fair terms
4. Conscientiously use language and terms commonly used to describe specific SOGIESC

Language that fosters unequal gender relations

The adoption of parallelism in word choices

Sexist language in quoted material

1. Start paraphrasing the quote using non-sexist language
2. Start adding sic in a direct quotation
3. Start partially quoting the material and rephrasing the sexist part
4. Continue adhering to the abandonment of stereotypes in jurisprudence

The Guidelines issued also expressed that the following etiquette be observed in the courtroom:

  1. Lawyers should be addressed as “counsel” or “attorney”. Court participants should refrain from referring to female lawyers as “lady” or “female” counsel or male lawyers as “gentleman” or “male” counsel. Moreover, Public Prosecutors and Public Attorneys must be referred to by name (i.e. Prosecutor Paz, Public Attorney Ramos).
  2. Non-lawyer litigants, witnesses, and other court users should be addressed as “Mister”, “Mrs.” or “Ms.”, “Sir” or “Ma’am” as appropriate.
  3. When addressing minors, people should refrain from using words like “little boy”, “little girl”, “hijo/ijo”, “hija/ija”. Instead, their first names or nicknames, if known, should be used 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. Comments, jokes, and remarks with sexual content, or jokes and remarks that insinuate gender stereotypes, should not be tolerated in the courtroom setting.
  6. Comments on or insinuations related to physical appearance that may draw unwarranted attention to one’s gender should be avoided.
  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.

The full text of the Guidelines may be viewed and accessed here.